Edwards v. Novey

District Court of Appeal of Florida

Edwards v. Novey

638 So. 2d 623, 1994 Fla. App. LEXIS 6525, 1994 WL 313730

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 1994

DocketNo. 93-1029

StatusPublished

This text of 638 So. 2d 623 (Edwards v. Novey) 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

Edwards v. Novey, 638 So. 2d 623, 1994 Fla. App. LEXIS 6525, 1994 WL 313730 (Fla. Ct. App. 1994).

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Opinion

MICKLE, Judge.

This appeal is taken from a final judgment and lien rendered subsequent to the entry of a default against appellant, defendant below. Appellant contends, among other things, that the circuit court lacked subject matter jurisdiction to consider appellee’s complaint to impose a charging hen. We find our decision in Spradley v. Doe, 612 So.2d 722 (Fla. 1st DCA 1993) to be controlling and conclude that the circuit court was without jurisdiction to enter the default and final judgment. Accordingly, we vacate the default and final judgment, and remand for entry of an order transferring the cause to county court. Since the jurisdictional issue is dispositive, we need not consider the remaining issues raised by appellant.

REVERSED and REMANDED with directions.

BOOTH and BENTON, JJ., concur.

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MICKLE, Judge.

This appeal is taken from a final judgment and lien rendered subsequent to the entry of a default against appellant, defendant below. Appellant contends, among other things, that the circuit court lacked subject matter jurisdiction to consider appellee’s complaint to impose a charging hen. We find our decision in Spradley v. Doe, 612 So.2d 722 (Fla. 1st DCA 1993) to be controlling and conclude that the circuit court was without jurisdiction to enter the default and final judgment. Accordingly, we vacate the default and final judgment, and remand for entry of an order transferring the cause to county court. Since the jurisdictional issue is dispositive, we need not consider the remaining issues raised by appellant.

REVERSED and REMANDED with directions.

BOOTH and BENTON, JJ., concur.

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Bluebook (online)

638 So. 2d 623, 1994 Fla. App. LEXIS 6525, 1994 WL 313730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-novey-fladistctapp-1994.

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