Stone & Webster Engineering Co. v. McCray

District Court of Appeal of Florida

Stone & Webster Engineering Co. v. McCray

377 So. 2d 30, 1979 Fla. App. LEXIS 16110

CourtDistrict Court of Appeal of Florida

DecidedNovember 9, 1979

DocketNo. QQ-12

StatusPublished

Cited by3 cases

This text of 377 So. 2d 30 (Stone & Webster Engineering Co. v. McCray) 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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Stone & Webster Engineering Co. v. McCray, 377 So. 2d 30, 1979 Fla. App. LEXIS 16110 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The dispositive issue in this appeal is raised, sua sponte. It concerns the validity of the judge’s order of March 26, 1979, vacating and republishing his prior order of February 8, 1979, wherein he determined the merits of the claimant’s cause. The later order was not issued within twenty days of February 8. The earlier order had become final, and the judge was without jurisdiction to amend, vacate, or republish it. See Red Lobster Inns of America v. Poole, IRC Order 2-3433 (May 18, 1979); Firedoor Corporation of Florida v. Brown, 9 FCR 365 (1976). The March 26, 1979 order of the judge is, therefore, quashed, and the cause remanded for redetermination of the claim for penalties.

LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.

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PER CURIAM.

The dispositive issue in this appeal is raised, sua sponte. It concerns the validity of the judge’s order of March 26, 1979, vacating and republishing his prior order of February 8, 1979, wherein he determined the merits of the claimant’s cause. The later order was not issued within twenty days of February 8. The earlier order had become final, and the judge was without jurisdiction to amend, vacate, or republish it. See Red Lobster Inns of America v. Poole, IRC Order 2-3433 (May 18, 1979); Firedoor Corporation of Florida v. Brown, 9 FCR 365 (1976). The March 26, 1979 order of the judge is, therefore, quashed, and the cause remanded for redetermination of the claim for penalties.

LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.

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377 So. 2d 30, 1979 Fla. App. LEXIS 16110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-webster-engineering-co-v-mccray-fladistctapp-1979.

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