Wells Fargo Bank v. Lupica, 34 Fla.L. Weekly D1866 (Fla. 5th DCA Sept. 8, 2009)

By Brian Willis on September 22, 2009 9:20 PM | Permalink | Comments (0) | TrackBacks (0)

In this duo of cases, the 5th DCA stated that an Order is not final until it is (1) written, (2) signed, and (3) filed with the clerk of the trial court. Here the written order was stamped by the Judge, but not sent to the Clerk for entry. As such, the DCA lacked jurisdiction pursuant to Rule 9.110(b)

The Court takes the further opportunity to gently chastise the trial courts in both cases, stating: "Some basis for the ruling would be instructive both to the parties and this Court." Ouch. The 5th DCA is obviously getting frustrated with the foreclosure cases it is seeing.

U.S. Bank National Assoc. v. Bjeljac, 34 Fla. L. Weekly D1868 (Fla. 5th DCA Sept. 8, 2009)

Fla. R. App. Pro. 9.020(h)

Fla. R. App. Pro. 9.110

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This page contains a single entry by Brian Willis published on September 22, 2009 9:20 PM.

Arguelles v. City of Orlando, 34 Fla. L. Weekly D1869 (Fla. 5th DCA Sept. 11, 2009) was the previous entry in this blog.

4UORTHO, LLC et al. v. Practice Partners, Inc. et al., 34 Fla. L. Wkly D1847a (Fla. 4th DCA Sept. 9, 2009) is the next entry in this blog.

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Brian Willis is licensed to practice law in Florida. He is an attorney with Becker & Poliakoff in the firm's Tampa Bay office, which is located at 311 Park Place Blvd., Suite 250, Clearwater, FL 33759.

Jason Baruch is licensed to practice law in Florida. He is an attorney with Trenam Kemker in the firm's Tampa Bay office, which is located at 101 E. Kennedy Boulevard, Suite 2700, Tampa, FL 33602.

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Wells Fargo Bank v. Lupica, 34 Fla.L. Weekly D1866 (Fla. 5th DCA Sept. 8, 2009)

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