Raymond v. Caldwell Banker Residential Real Estate, Inc.

District Court of Appeal of Florida

Raymond v. Caldwell Banker Residential Real Estate, Inc.

848 So. 2d 1160, 2003 Fla. App. LEXIS 4452, 2003 WL 1627850

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 2003

DocketNo. 4D03-444

StatusPublished

Cited by3 cases

This text of 848 So. 2d 1160 (Raymond v. Caldwell Banker Residential Real Estate, Inc.) 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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Raymond v. Caldwell Banker Residential Real Estate, Inc., 848 So. 2d 1160, 2003 Fla. App. LEXIS 4452, 2003 WL 1627850 (Fla. Ct. App. 2003).

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Opinion

ORDER DETERMINING JURISDICTION

KLEIN, J.

This petition for certiorari is timely as to an order awarding attorney’s fees pursuant to an offer of judgment entered on January 10, 2003. Petitioner, however, also seeks review of an order granting a summary judgment entered on October 2, 2002, which became final when petitioner’s motion for rehearing was denied on November 19, 2002.

After stating that the motion for summary judgment was granted, the court included the traditional words of finality “shall go hence without day.” See Form 1.994, Fla. R. Civ. P. Petitioner argues that this is an order merely granting a motion; however, an order which grants a motion for summary judgment, and includes the words “go hence without day” is a final judgment. Allstate Ins. v. Collier, 405 So.2d 311 (Fla. 4th DCA 1981). The October 2, 2002 order is therefore not reviewable because the time for appeal has run.

The January 10, 2003 judgment for attorney’s fees and costs is reviewable as a final order, BDO Seidman L.L.P. v. British Car Auctions, Inc., 789 So.2d 1019 (Fla. 4th DCA 2001), rev. denied, 828 So.2d 384 (Fla.2002). We accordingly redesignate this as a final appeal from the January 10, 2003 judgment.

POLEN, C.J., and TAYLOR, J., concur.

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ORDER DETERMINING JURISDICTION

KLEIN, J.

This petition for certiorari is timely as to an order awarding attorney’s fees pursuant to an offer of judgment entered on January 10, 2003. Petitioner, however, also seeks review of an order granting a summary judgment entered on October 2, 2002, which became final when petitioner’s motion for rehearing was denied on November 19, 2002.

After stating that the motion for summary judgment was granted, the court included the traditional words of finality “shall go hence without day.” See Form 1.994, Fla. R. Civ. P. Petitioner argues that this is an order merely granting a motion; however, an order which grants a motion for summary judgment, and includes the words “go hence without day” is a final judgment. Allstate Ins. v. Collier, 405 So.2d 311 (Fla. 4th DCA 1981). The October 2, 2002 order is therefore not reviewable because the time for appeal has run.

The January 10, 2003 judgment for attorney’s fees and costs is reviewable as a final order, BDO Seidman L.L.P. v. British Car Auctions, Inc., 789 So.2d 1019 (Fla. 4th DCA 2001), rev. denied, 828 So.2d 384 (Fla.2002). We accordingly redesignate this as a final appeal from the January 10, 2003 judgment.

POLEN, C.J., and TAYLOR, J., concur.

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848 So. 2d 1160, 2003 Fla. App. LEXIS 4452, 2003 WL 1627850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-v-caldwell-banker-residential-real-estate-inc-fladistctapp-2003.

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