Doane v. Rapp

District Court of Appeal of Florida

Doane v. Rapp

453 So. 2d 1197, 9 Fla. L. Weekly 1794, 1984 Fla. App. LEXIS 14663

District Court of Appeal of Florida·Decided August 14, 1984·No. No. 84-43·Published·Cited by 2 cases

Opinion

PER CURIAM.

The order under review setting aside a final judgment entered by a predecessor [1198]*1198judge is vacated because the successor judge who granted that relief did not have authority to do so under the rule set forth in Groover v. Walker, 88 So.2d 312 (Fla.1956). Accord, e.g., Boeing Co. v. Merchant, 397 So.2d 399 (Fla. 5th DCA 1981), pet. for review denied, 412 So.2d 468 (Fla.1982); Better Construction, Inc. v. Camacho Enterprises, Inc., 311 So.2d 766 (Fla. 3d DCA 1975), cert. denied, 325 So.2d 8 (Fla.1975). The cause is remanded for consideration of the appellees’ timely post-judgment motions by the predecessor judge who entered the final judgment in question.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The order under review setting aside a final judgment entered by a predecessor [1198]*1198judge is vacated because the successor judge who granted that relief did not have authority to do so under the rule set forth in Groover v. Walker, 88 So.2d 312 (Fla.1956). Accord, e.g., Boeing Co. v. Merchant, 397 So.2d 399 (Fla. 5th DCA 1981), pet. for review denied, 412 So.2d 468 (Fla.1982); Better Construction, Inc. v. Camacho Enterprises, Inc., 311 So.2d 766 (Fla. 3d DCA 1975), cert. denied, 325 So.2d 8 (Fla.1975). The cause is remanded for consideration of the appellees’ timely post-judgment motions by the predecessor judge who entered the final judgment in question.

Doane v. Rapp, 453 So. 2d 1197, 9 Fla. L. Weekly 1794, 1984 Fla. App. LEXIS 14663 (Fla. Ct. App. 1984).

Pincite

453 So. 2d 1197 (Doane v. Rapp) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related