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385 So. 2d 740

Docket No. 80-723.

Carter v. Dorman

J.R. CARTER and Conch Country Real Estate, Inc., Jointly and Severally, Appellants, v. Terry B. DORMAN and Canama Realty, Inc., f/k/a Canadian American Realty, Inc., Appellees.

District Court of Appeal of Florida

Decided July 15, 1980.

District Court of Appeal of Florida · decided 1980-07-15

Key passage — most relied on by later courts

“... (a) the original judgment was entered without jurisdiction while an appeal from a non-final trial court order was pending in this Court [citation omitted]; (b) this result is not changed by the fact that the above-stated interlocutory appeal was subsequently dismissed for lack of jurisdiction [citation omitted], 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 [citations omitted]; and (c) the trial court now has jurisdiction to enter a new final judgment based upon the jury verdict previously rendered in this cause. [Citation omitted.]”

quoted by 1 later decision, including 549 So. 2d 679 - Chapman v. Universal Underwriters Ins.

Relies on Alexander v. Martin · State Ex Rel. B. F. Goodrich Co. v. Trammell · 304 So. 2d 116 - De La Portilla v. De La Portilla

Good law ✅— No negative treatment on recordhow we know

Decided 1980-07-15

How this case has been cited

Cited by 7 later decisions — most recently April 2009

7 state decisions

40198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Wright & Silverio and Mark V. Silverio, Miami, for appellants.

¶2Tittle & Tittle and Karl Beckmeyer, Taverniar, for appellees.

¶3*741 Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ.

¶4PER CURIAM.

¶5The 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).

¶6Reversed and remanded.

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