DocketNumber: 80-723
Citation Numbers: 385 So. 2d 740
Judges: Hendry, Hubbart and Daniel S. Pearson
Filed Date: 7/15/1980
Status: Precedential
Modified Date: 3/3/2016
District Court of Appeal of Florida, Third District.
Wright & Silverio and Mark V. Silverio, Miami, for appellants.
Tittle & Tittle and Karl Beckmeyer, Taverniar, for appellees.
*741 Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ.
PER CURIAM.
The order under review, denying a motion to set aside a final judgment under Fla.R.Civ.P. 1.540(b)(4), is reversed and the cause is remanded to the trial court with directions to set aside the said final judgment and to enter a new final judgment based on the jury verdict previously rendered herein upon a holding that (a) the original judgment was entered without jurisdiction while an appeal from a nonfinal trial court order was pending in this court, De La Portilla v. De La Portilla, 304 So. 2d 116 (Fla. 1974); Crichlow v. Equitable Life Assurance Society, 113 Fla. 668, 152 So. 849 (1933); Fla.R.App.P. 9.130(f); (b) this result is not changed by the fact that the above-stated interlocutory appeal was subsequently dismissed for lack of jurisdiction, Carter v. Dorman, 381 So. 2d 778 (Fla. 3d DCA 1980), as this court still had jurisdiction to determine whether it had jurisdiction over the subject appeal which thereby deprived the trial court of jurisdiction to dispose finally of the cause during the pendency of said appeal, Sun Insurance Co. v. Boyd, 105 So. 2d 574, 575 (Fla. 1958); State ex rel. B.F. Goodrich Co. v. Trammell, 140 Fla. 500, 192 So. 175 (1939) (court syllabus no. 6); and (c) the trial court now has jurisdiction to enter a new final judgment based upon the jury verdict previously rendered in this cause. Wagner v. Wagner, 372 So. 2d 510, 512 (Fla. 3d DCA 1979).
Reversed and remanded.
De La Portilla v. De La Portilla , 304 So. 2d 116 ( 1974 )
Crichlow v. Equitable Life Assurance Socy. , 113 Fla. 668 ( 1933 )
State Ex Rel. v. Trammell , 140 Fla. 500 ( 1939 )
Katz v. NME Hospitals, Inc. , 791 So. 2d 1127 ( 2000 )
Chapman v. Universal Underwriters Ins. , 549 So. 2d 679 ( 1989 )
Sammons v. Sammons , 479 So. 2d 223 ( 1985 )
Darden v. POLICE AND FIRE, ETC. , 423 So. 2d 543 ( 1982 )
Dept. of Business Regulation v. Provende, Inc. , 399 So. 2d 1038 ( 1981 )
McKenna v. CAMINO REAL VILLAGE ASS'N, INC. , 8 So. 3d 1172 ( 2009 )