Florida District Courts of Appeal, 2015

Randall Wyse, Larry Jones v. Frank Denton, Mayor Alvin Brown, etc.

Randall Wyse, Larry Jones v. Frank Denton, Mayor Alvin Brown, etc.
Florida District Courts of Appeal · Decided July 14, 2015
Randall Wyse, Larry Jones v. Frank Denton, Mayor Alvin Brown, etc.

Opinion

IN THE DISTRICT COURT OF APPEAL

RANDALL WYSE, LARRY JONES, FIRST DISTRICT, STATE OF MARK ROBERTS, LATORRENCE FLORIDA

NORRIS, FRATERNAL ORDER OF

POLICE, LODGE 5-30 AND THE NOT FINAL UNTIL TIME EXPIRES JACKSONVILLE ASSOCIATION OF TO FILE MOTION FOR REHEARING FIRE FIGHTERS, LOCAL 122, IAFF, AND DISPOSITION THEREOF IF FILED

Petitioners,

CASE NO. 1D14-3684 v.

FRANK DENTON, MAYOR ALVIN

BROWN, in his official capacity, THE

City OF JACKSONVILLE, and the

JACKSONVILLE POLICE AND FIRE

PENSION FUND BOARD OF

TRUSTEES,

Respondents. ___________________________/

Opinion filed July 15, 2015.

Petition for Writ of Certiorari.

Paul A. Donnelly and James H. Sullivan III of Donnelly & Gross, P.A., Gainesville, for Petitioners.

George D. Gabel, Jr., Timothy J. Conner, and Jennifer Mansfield, of Holland & Knight, LLP, Jacksonville, for Respondent Frank Denton. David J. D’Agata, Assistant General Counsel, and Craig D. Feiser, Assistant General Counsel, City of Jacksonville, Jacksonville for Respondent City of Jacksonville. Robert D. Klausner, Stuart A. Kaufman, and Paul A. Daragjati of Klausner, Kaufman, Jensen, and Levinson, P.A., Plantation, for Respondent Jacksonville Police and Fire Pension Fund Board of Trustees.

PER CURIAM.

The petition for writ of certiorari is dismissed in part and denied in part. The portion challenging the final summary judgment is dismissed as untimely. The portion challenging the denial of Petitioners’ motion to void the final summary judgment is denied because the trial court correctly ruled that it lacked jurisdiction to entertain the motion. See First Union Nat’l Bank of Fla. v. Yost, 622 So. 2d 111, 112 (Fla. 1st DCA 1993).

DISMISSED in part and DENIED in part.

WOLF, BENTON, and RAY, JJ., CONCUR.

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