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

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 1984

DocketNo. 84-43

StatusPublished

Cited by2 cases

This text of 453 So. 2d 1197 (Doane v. Rapp) 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

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

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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.

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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.

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Bluebook (online)

453 So. 2d 1197, 9 Fla. L. Weekly 1794, 1984 Fla. App. LEXIS 14663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doane-v-rapp-fladistctapp-1984.

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