Mogerman, O'Leary & Patel, Inc. v. Sherwin

District Court of Appeal of Florida

Mogerman, O'Leary & Patel, Inc. v. Sherwin

842 So. 2d 1056, 2003 Fla. App. LEXIS 5748, 2003 WL 1917008

District Court of Appeal of Florida·Decided April 23, 2003·No. No. 4D02-1402·Published·Cited by 1 cases

Opinion

PER CURIAM.

The trial court dismissed appellant’s complaint due to defective service on the appellee. There is no transcript of the evidentiary hearing on the motion. We affirm the dismissal. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979).

After the dismissal and denial of appellant’s motion for rehearing, the court entered a second judgment on different grounds. Because the court’s jurisdiction terminated with the denial of rehearing, we vacate the second judgment. See Arleo v. Garcia, 695 So.2d 862, 862 (Fla. 4th DCA 1997).

WARNER, SHAHOOD and TAYLOR, JJ., concur.

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PER CURIAM.

The trial court dismissed appellant’s complaint due to defective service on the appellee. There is no transcript of the evidentiary hearing on the motion. We affirm the dismissal. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979).

After the dismissal and denial of appellant’s motion for rehearing, the court entered a second judgment on different grounds. Because the court’s jurisdiction terminated with the denial of rehearing, we vacate the second judgment. See Arleo v. Garcia, 695 So.2d 862, 862 (Fla. 4th DCA 1997).

WARNER, SHAHOOD and TAYLOR, JJ., concur.

Mogerman, O'Leary & Patel, Inc. v. Sherwin, 842 So. 2d 1056, 2003 Fla. App. LEXIS 5748, 2003 WL 1917008 (Fla. Ct. App. 2003).

Pincite

842 So. 2d 1056 (Mogerman, O'Leary & Patel, Inc. v. Sherwin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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