Chovert v. Rockwell

District Court of Appeal of Florida

Chovert v. Rockwell

145 So. 2d 283

CourtDistrict Court of Appeal of Florida

DecidedOctober 9, 1962

DocketNo. 62-501

StatusPublished

Cited by1 cases

This text of 145 So. 2d 283 (Chovert v. Rockwell) 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.

Bluebook

Chovert v. Rockwell, 145 So. 2d 283 (Fla. Ct. App. 1962).

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Opinion

CARROLL, Judge.

This case comes before us on petition for writ ’of certiorari in a common law action, to review a refusal of the trial court to grant a motion to vacate a dismissal.

On November 22, 1961, an order was entered directing that certain written interrogatories be answered within a 15-day period and providing for dismissal without further order if such answers were not filed within that extended time.¹ When the answers were not filed, there was an order in January allowing further time, the provisions of which were not met by the plaintiff. Later, on March 5, 1962, an order was entered which provided that if certain performance was not made by the plaintiff the cause would be dismissed.² Thereafter, in May of 1962, after the November 22, 1961 order had become final,³ the plaintiff moved to vacate the order of March 5, 1962, on the ground that it was in conflict with a stipulation of the parties. The trial judge refused to grant the motion, on the ground that the order of November 22, 1961, was a final order of dismissal, and that the court was without jurisdiction to entertain or grant the motion. In so holding, the trial judge was eminently correct. See Morrison v. Chambers, Fla.1955, 82 So.2d 594; State ex rel. Croker v. Chillingworth, 106 Fla. 323, 143 So. 346, 347; Osborne v. Shell Oil Company, Fla.App.1958, 104 So.2d 670, 671.

Certiorari denied.

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CARROLL, Judge.

This case comes before us on petition for writ ’of certiorari in a common law action, to review a refusal of the trial court to grant a motion to vacate a dismissal.

On November 22, 1961, an order was entered directing that certain written interrogatories be answered within a 15-day period and providing for dismissal without further order if such answers were not filed within that extended time.¹ When the answers were not filed, there was an order in January allowing further time, the provisions of which were not met by the plaintiff. Later, on March 5, 1962, an order was entered which provided that if certain performance was not made by the plaintiff the cause would be dismissed.² Thereafter, in May of 1962, after the November 22, 1961 order had become final,³ the plaintiff moved to vacate the order of March 5, 1962, on the ground that it was in conflict with a stipulation of the parties. The trial judge refused to grant the motion, on the ground that the order of November 22, 1961, was a final order of dismissal, and that the court was without jurisdiction to entertain or grant the motion. In so holding, the trial judge was eminently correct. See Morrison v. Chambers, Fla.1955, 82 So.2d 594; State ex rel. Croker v. Chillingworth, 106 Fla. 323, 143 So. 346, 347; Osborne v. Shell Oil Company, Fla.App.1958, 104 So.2d 670, 671.

Certiorari denied.

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145 So. 2d 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chovert-v-rockwell-fladistctapp-1962.

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