Florida District Courts of Appeal, 2003

Mogerman, O'Leary & Patel, Inc. v. Sherwin

Florida District Courts of Appeal · Decided April 23, 2003 · Shahood, Taylor, Warner

842 So. 2d 1056; 2003 Fla. App. LEXIS 5748; 2003 WL 1917008 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Barrett v. Callaway (Fla. Dist. Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The trial court dismissed appellant’s complaint due to defective service on the appellee. There is no transcript of the evidentiary hearing on the motion. We affirm the dismissal. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979).

After the dismissal and denial of appellant’s motion for rehearing, the court entered a second judgment on different grounds. Because the court’s jurisdiction terminated with the denial of rehearing, we vacate the second judgment. See Arleo v. Garcia, 695 So.2d 862, 862 (Fla. 4th DCA 1997).

WARNER, SHAHOOD and TAYLOR, JJ., concur.

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