Shamrock Lenses, Ltd. v. Coburn Optical
Shamrock Lenses, Ltd. v. Coburn Optical
Concurring Opinion
(concurring).
Because the order of October 27,1992, is a nullity, the appellant is not precluded from attacking the October 1990 order of dismissal on jurisdictional grounds. See Falkner v. Amerifirst Fed. Sav. & Loan Ass’n, 489 So.2d 758, 759 (Fla. 3d DCA 1986) (A court may, at any time, grant relief from final judgment where the judgment is void for lack of jurisdiction or proper due process.).
Opinion of the Court
In February of 1988, appellant Shamrock Lenses, Ltd., filed suit against appellee Co-burn Optical for claims arising out of the sale of equipment by Coburn to Shamrock. Co-burn answered, counterclaimed, and filed a third party complaint against Shamrock,
Between July 22, 1991, and July 27, 1992, no record activity took place. On July 28, 1992, Cobum moved to dismiss for lack of prosecution. A hearing was held on October 8, 1992.
The trial court orally granted Coburn’s motion to dismiss for lack of prosecution, and entered the final Order of Dismissal on October 27, 1992. Shamrock now appeals the October 27, 1992 order dismissing its cause of action for lack of prosecution.
Neither Shamrock nor Coburn contend that the Order of Dismissal, dated October 22, 1990, was facially defective. In fact, both concede that, on its face, it clearly dismissed Shamrock’s action.
In view of the fact that an Order of Dismissal was entered on October 22, 1990, and that Order was never appealed nor challenged by a motion filed pursuant to Rule 1.540 of the Florida Rules of Civil Procedure, we find that this Court lacks jurisdiction to entertain this appeal which relates to a subsequent order entered by the trial court approximately two years later.
Appeal dismissed.
JORGENSON and LEVY, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.