Public-domain · open source
OpenJurist

533 So. 2d 943

533 So.2d 943

13 Fla.L.Weekly 2577

Martin v. Robertson

District Court of Appeal of Florida

Decided November 23, 1988

District Court of Appeal of Florida · decided 1988-11-23

Cited by 2 later decisions — most recently December 1999

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-23

View the full empirical analysis of this case →

EVANS, V.W., Jr., Associate Judge.

¶1The trial court entered a summary final judgment on November 22, 1985. In the summary final judgment the parties were referred to as plaintiffs/counter-defendants and defendants/eounter-plaintiffs. The judgment found defendants/counter-plaintiffs, appellees here, to be the owners of certain horses at issue in the case. In the judgment the court mistakenly designated them as plaintiffs/counter-defendants, but this is of no significance inasmuch as in a subsequent proceeding enforcing the return of the horses it is clear that defendants/counter-plaintiffs, appellees here, were, indeed, found to.be the owners of the horses. The summary final judgment further found in favor of the plaintiffs/counter-defendants, appellants here, in both the complaint and counterclaim as to liability and that “ … defendants/counter-plaintiffs shall take nothing as to liability.” As indicated above, the defendants/counter-plaintiffs below are the appellees here. The judgment reserved jurisdiction only for the purpose of taxing costs and assessment of attorneys’ fees. This summary final judgment was entered by Circuit Judge Harold Vann.

¶2On June 3, 1987, one year and seven months later, the appellees filed a motion to amend final judgment complaining of errors in the entry of the summary final judgment and sought a further evidentiary hearing on the issue of money damages. Circuit Judge C. Vernon Mize, as successor judge, held an evidentiary hearing, over objection of appellants, and entered a supplemental final judgment on September 21, 1987, in favor of the appellees and against appellants in the amount of $9,355.00.

¶3The trial court was without jurisdiction to enter the supplemental final judgment with award of money damages. The remedy of appellees, defendant/counter-plaintiffs below, was by way of appeal to this court from the summary final judgment entered by Judge Vann and not by way of motion to a successor trial judge.

¶4Reversed and remanded for entry of appropriate orders consistent with this opinion.

ORFINGER and DANIEL, JJ., concur.
/533/so2d/943 · .json · Public domain