Sas v. Postman

District Court of Appeal of Florida

Sas v. Postman

687 So. 2d 54, 1997 Fla. App. LEXIS 280, 1997 WL 30920

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1997

DocketNo. 96-3105

StatusPublished

Cited by4 cases

This text of 687 So. 2d 54 (Sas v. Postman) 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

Sas v. Postman, 687 So. 2d 54, 1997 Fla. App. LEXIS 280, 1997 WL 30920 (Fla. Ct. App. 1997).

Pincite

Opinion

SCHWARTZ, Chief Judge.

Although the petitioner Sas was originally a co-defendant in the litigation below, the plaintiff subsequently filed an amended complaint against only the defendant Patten. This action, which dropped Sas as a party and terminated the proceedings as against her, see Martin v. Consolidated City of Jacksonville, 490 So.2d 138 (Fla. 1st DCA 1986), resulted in the trial court’s loss of jurisdiction over her person. See Biggers v. Town of Davie, 674 So.2d 938 (Fla. 4th DCA 1996); Federal Ins. Co. v. Fatolitis, 478 So.2d 106 (Fla. 2d DCA 1985); Hertz Int'l, Ltd. v. Richardson, 317 So.2d 824 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 18 (Fla.1976). Her application for writ of prohibition to preclude the trial court from the entry of orders against her absent the service of new process or of an appropriate subpoena is therefore granted.

Prohibition granted.¹

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SCHWARTZ, Chief Judge.

Although the petitioner Sas was originally a co-defendant in the litigation below, the plaintiff subsequently filed an amended complaint against only the defendant Patten. This action, which dropped Sas as a party and terminated the proceedings as against her, see Martin v. Consolidated City of Jacksonville, 490 So.2d 138 (Fla. 1st DCA 1986), resulted in the trial court’s loss of jurisdiction over her person. See Biggers v. Town of Davie, 674 So.2d 938 (Fla. 4th DCA 1996); Federal Ins. Co. v. Fatolitis, 478 So.2d 106 (Fla. 2d DCA 1985); Hertz Int'l, Ltd. v. Richardson, 317 So.2d 824 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 18 (Fla.1976). Her application for writ of prohibition to preclude the trial court from the entry of orders against her absent the service of new process or of an appropriate subpoena is therefore granted.

Prohibition granted.¹

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Bluebook (online)

687 So. 2d 54, 1997 Fla. App. LEXIS 280, 1997 WL 30920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sas-v-postman-fladistctapp-1997.

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