Florida District Courts of Appeal, 2010

Stewart v. Cormack

Stewart v. Cormack
Florida District Courts of Appeal · Decided August 4, 2010 · Polen, Farmer, Warner
52 So. 3d 691; 2010 Fla. App. LEXIS 11293; 2010 WL 3023362 (Southern Reporter, Third Series)

Stewart v. Cormack

Opinion of the Court

PER CURIAM.

The petition for writ of prohibition is hereby denied.

POLEN and FARMER, JJ., concur. WARNER, J., dissents with opinion.

Dissenting Opinion

WARNER, J.,

dissenting with opinion.

I would consider this petition for writ of prohibition as an appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(4). As such, I would find that the trial court did not have jurisdiction to consider the motion to determine rents filed after the summary judgment had been entered and respondents’ time for filing a motion for rehearing or to amend had passed. I would reverse on the authority of Garcia v. Stewart, 906 So.2d 1117 (Fla. 4th DCA 2005). Nevertheless, because the majority has not ruled on the merits but simply denied the petition, it would appear that petitioners are not barred from asserting further jurisdictional objections to any final order entered on this supplemental pleading.

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