Florida District Courts of Appeal, 1984

Johnson v. Troiano

Johnson v. Troiano
Florida District Courts of Appeal · Decided July 5, 1984 · Anstead, Hersey, Walden
453 So. 2d 1139; 1984 Fla. App. LEXIS 13846 (Southern Reporter, Second Series)

Johnson v. Troiano

Dissenting Opinion

ANSTEAD, Chief Judge,

dissenting:

Based upon the appellant’s unrebutted showing of the lack of a legal or factual basis for the trial court’s sua sponte imposition of monetary sanctions I would acknowledge jurisdiction, and reverse. The order directed the immediate payment of money. In addition, it is undisputed that final judgment has now been entered in the cause. Under these circumstances it is clear that we have jurisdiction. To hold otherwise would be tantamount to holding that the order imposing monetary sanctions is not subject to review at all.

Opinion of the Court

PER CURIAM.

The above-styled appeal is hereby dismissed because it does not qualify under the provisions of Florida Rule of Appellate Procedure 9.130(a)(3). We decline to treat it as a petition for common law certiorari.

HERSEY and WALDEN, JJ., concur. ANSTEAD, C.J., dissents with opinion.

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