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

CourtDistrict Court of Appeal of Florida

DecidedApril 23, 2003

DocketNo. 4D02-1402

StatusPublished

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This text of 842 So. 2d 1056 (Mogerman, O'Leary & Patel, Inc. v. Sherwin) 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.

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

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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.

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842 So. 2d 1056, 2003 Fla. App. LEXIS 5748, 2003 WL 1917008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mogerman-oleary-patel-inc-v-sherwin-fladistctapp-2003.

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