Legal Opinion

Drak, L.L.C. v. Salcines Development, Inc.

District Court of Appeal of Florida

Decided February 11, 2009No. 3D08-3027PublishedCited by 1 opinion

1Per curiam

We grant the petition for writ of prohibition and remand with instructions that the trial court vacate the November 3, 2008 order granting Porry and Alegre’s motion for rehearing and reconsideration. The trial court lacked jurisdiction to entertain a motion for rehearing of its October 16, 2008 order denying Porry and Alegre’s motion to set aside default final judgment. See Fla. R. Civ. P. 1.540(b); Catalano v. Catalano, 516 So.2d 77, 77 (Fla. 5th DCA 1987) (stating that motions for rehearing of orders issued under Florida Rule of Civil Procedure 1.540(b) are not authorized); Francisco v.…

2Cases cited2 opinions

  1. Francisco v. Victoria Marine ShippingDistrict Court of Appeal of Florida · 1986
  2. Catalano v. CatalanoDistrict Court of Appeal of Florida · 1987

3Cited by1 opinion

  1. Martinez v. AURORA LOAN SERVICES, LLCDistrict Court of Appeal of Florida · 2011

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