Hirschhorn v. Funding.Com

933 So. 2d 1290, 2006 Fla. App. LEXIS 12908, 2006 WL 2135756
CourtDistrict Court of Appeal of Florida
DecidedAugust 2, 2006
DocketNo. 4D05-4028
StatusPublished

This text of 933 So. 2d 1290 (Hirschhorn v. Funding.Com) 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
Hirschhorn v. Funding.Com, 933 So. 2d 1290, 2006 Fla. App. LEXIS 12908, 2006 WL 2135756 (Fla. Ct. App. 2006).

Opinion

On Motion fob Rehearing

PER CURIAM.

We grant rehearing, withdraw our previously issued opinion and substitute the following in its place.

Affirmed. The appellants make a post-judgment challenge based on the judge’s recusal upon the appellants’ request after the final judgment was entered. At most, the previously entered judgment was merely voidable and not void. Schlesinger v. Chemical Bank, 707 So.2d 868 (Fla. 4th DCA 1998); Murphy v. State, 627 So.2d 51 (Fla. 3d DCA 1993); Barber v. MacKenzie, 562 So.2d 755 (Fla. 3d DCA 1990). Appellants had to move for reconsideration of the already entered final judgment, which they did not. See Murphy. A subsequent challenge based upon the voidness of the judgment is of no avail.

WARNER, KLEIN and GROSS, JJ., concur.

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Related

Barber v. MacKenzie
562 So. 2d 755 (District Court of Appeal of Florida, 1990)
Schlesinger v. Chemical Bank
707 So. 2d 868 (District Court of Appeal of Florida, 1998)
Murphy v. State
627 So. 2d 51 (District Court of Appeal of Florida, 1993)

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Bluebook (online)
933 So. 2d 1290, 2006 Fla. App. LEXIS 12908, 2006 WL 2135756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirschhorn-v-fundingcom-fladistctapp-2006.