D.J. Air Conditioning, Inc. v. BellSouth Advertising & Publishing Corp.

We reverse the final summary judgment entered by a successor judge in this cause.

Judge Herbert Klein, upon conclusion of the hearing on defendant BellSouth Advertising & Publishing Corporation’s motion for summary judgment, entered an order granting the motion for summary judgment. D.J. Air Conditioning, Inc. [“D.J.”], prematurely appealed from this order. Realizing its error, D.J. filed a motion to dismiss the appeal. However, this court relinquished jurisdiction under Florida Rule of Appellate Procedure 9.110(m) to permit entry of a final appealable judgment. In the interim, Judge Klein…