Randall Wyse, Larry Jones v. Frank Denton, Mayor Alvin Brown, etc.

• Court: District Court of Appeal of Florida
• Decided: July 14, 2015
• Docket: 14-3684
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL RANDALL WYSE, LARRY JONES, FIRST DISTRICT, STATE OF MARK ROBERTS, LATORRENCE FLORIDA NORRIS, FRATERNAL ORDER OF POLICE, LODGE 5-30 AND THE NOT FINAL UNTIL TIME EXPIRES JACKSONVILLE ASSOCIATION OF TO FILE MOTION FOR REHEARING FIRE FIGHTERS, LOCAL 122, IAFF, AND DISPOSITION THEREOF IF FILED Petitioners, CASE NO. 1D14-3684 v.

FRANK DENTON, MAYOR ALVIN BROWN, in his official capacity, THE City OF JACKSONVILLE, and the JACKSONVILLE POLICE AND FIRE PENSION FUND BOARD OF TRUSTEES,

Respondents. ___________________________/

Opinion filed July 15, 2015.

Petition for Writ of Certiorari.

Paul A. Donnelly and James H. Sullivan III of Donnelly & Gross, P.A., Gainesville, for Petitioners.

George D. Gabel, Jr., Timothy J. Conner, and Jennifer Mansfield, of Holland & Knight, LLP, Jacksonville, for Respondent Frank Denton. David J. D’Agata, Assistant General Counsel, and Craig D. Feiser, Assistant General Counsel, City of Jacksonville, Jacksonville for Respondent City of Jacksonville. Robert D. Klausner, Stuart A. Kaufman, and Paul A. Daragjati of Klausner, Kaufman, Jensen, and Levinson, P.A., Plantation, for Respondent Jacksonville Police and Fire Pension Fund Board of Trustees. PER CURIAM.

The petition for writ of certiorari is dismissed in part and denied in part. The

portion challenging the final summary judgment is dismissed as untimely. The portion

challenging the denial of Petitioners’ motion to void the final summary judgment is

denied because the trial court correctly ruled that it lacked jurisdiction to entertain the

motion. See First Union Nat’l Bank of Fla. v. Yost, 622 So. 2d 111, 112 (Fla. 1st DCA

1993).

DISMISSED in part and DENIED in part.

WOLF, BENTON, and RAY, JJ., CONCUR.