Brian Willis: September 2009 Archives
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.
Pursuant to Rule 1.420(e), it was reversible error for Court to dismiss lawsuit for lack of prosecution a mere 31-days after required notice of no activity.
In this trip and fall case, trial court ordered parties to non-binding arbitration. Arbitrator ruled in favor of the Plaintiff. Defendant did not move for trial de novo within 20 days of order and Plaintiff moved trial court for entry of final judgment pursuant to FRCP 1.820(h), which was granted by trial court.
Defendant then moved for relief from Final Judgment pursuant to FRCP 1.540(b), claiming that there was excusable neglect due to attorney's failure to place reminder on firm's "tickler system." Trial court found that this was not excusable neglect and denied Defendant's motion on July 16th. Defendant moved for rehearing, which was denied. Defendant filed notice of appeal on August 25th.
Appellate Court found it did not have jurisdiction as, pursuant to Rule 9.130(a)(5), motion for rehearing of motion for relief from judgment does not stay time to file for appeal.
Just a test post folks. I am reviewing how posts are added to the Florida Rules of Appellate Procedure. Take a look at F.R.A.P. to see what is in the works.
Search the Florida Rules Decisions
Search the Florida Rules of Civil Procedure
Contact the Authors
Brian Willis
Attorney Bio
Email Brian
Jason Baruch
Attorney Bio
Email Jason
Brian and Jason provide legal services to local, national and international clients with business and real estate related legal issues in the Tampa Bay area and across Florida. We always appreciate case referrals from our local and out of state readers. Please contact us at the links above.
Share & Follow
(follow us on Twitter)
(click for RSS feed)
