Baldwin Piano & Organ Co. v. Rosenow

District Court of Appeal of Florida

Baldwin Piano & Organ Co. v. Rosenow

689 So. 2d 420, 1997 Fla. App. LEXIS 2337, 1997 WL 107181

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1997

DocketNo. 96-2301

StatusPublished

Cited by1 cases

This text of 689 So. 2d 420 (Baldwin Piano & Organ Co. v. Rosenow) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baldwin Piano & Organ Co. v. Rosenow, 689 So. 2d 420, 1997 Fla. App. LEXIS 2337, 1997 WL 107181 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We decline to consider the appellant’s argument that the circuit court lacked jurisdiction to enjoin a county court order entered in another case. This issue was raised in a motion that is still pending in the circuit court. Although the trial court’s subject matter jurisdiction can be questioned for the first time on appeal, we decline to consider those issues that have not first been ruled upon by the trial court. Glades Oil Co. v. P.A.I. Management, Inc., 510 So.2d 1193 (Fla. 4th DCA 1987).

The order extending the temporary injunction is affirmed, without prejudice to the appellant to challenge the trial court’s jurisdiction on remand.

KLEIN, STEVENSON and SHAHOOD, JJ., concur.

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PER CURIAM.

We decline to consider the appellant’s argument that the circuit court lacked jurisdiction to enjoin a county court order entered in another case. This issue was raised in a motion that is still pending in the circuit court. Although the trial court’s subject matter jurisdiction can be questioned for the first time on appeal, we decline to consider those issues that have not first been ruled upon by the trial court. Glades Oil Co. v. P.A.I. Management, Inc., 510 So.2d 1193 (Fla. 4th DCA 1987).

The order extending the temporary injunction is affirmed, without prejudice to the appellant to challenge the trial court’s jurisdiction on remand.

KLEIN, STEVENSON and SHAHOOD, JJ., concur.

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689 So. 2d 420, 1997 Fla. App. LEXIS 2337, 1997 WL 107181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-piano-organ-co-v-rosenow-fladistctapp-1997.

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