Legal Opinion

Herbits v. City of Miami

District Court of Appeal of Florida

Decided May 4, 2016No. 3D14-2759PublishedCited by 4 opinions

1Opinion of the CourtScales, J.

Appellant,’ plaintiff below, Stephen Her-bits appeals the trial court’s October 13, 2014 order vacating, for lack of jurisdiction, two prior orders entered by the trial court in Herbits’s favor — one order granting mandamus relief and one order determining that Appellee, defendant below, City of Miami (the “City”) was required to pay Herbits’s attorney’s fees. We affirm because the trial court lacked jurisdiction to enter any orders in this case during the pendency of Herbits’s appeal of the trial court’s December 5,2013 final order.

I. Facts and Procedural Background

On June 7, 2013, Herbits,…

2Cases cited9 opinions

  1. Malone v. MeresSupreme Court of Florida · 1926
  2. Jensen v. WhetstineDistrict Court of Appeal of Florida · 2008
  3. Almacenes El Globo De Quito, S. A. v. Dalbeta L.C.District Court of Appeal of Florida · 2015
  4. Lemon v. GroningerDistrict Court of Appeal of Florida · 1998
  5. Humana Medical Plan, Inc. v. RealeDistrict Court of Appeal of Florida · 2015

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3Cited by4 opinions

  1. Libman v. Florida Wellness & Rehabilitation CenterDistrict Court of Appeal of Florida · 2018
  2. Edmond Weeks and Tamara Casey v. Universal Property and Casualty Insurance CompanyDistrict Court of Appeal of Florida · 2024
  3. MARCIA STIVELMAN v. JACQUES CLAUDIO STIVELMANDistrict Court of Appeal of Florida · 2023
  4. U.S. Bank, N.A. v. JAK Mortgage, LLCDistrict Court of Appeal of Florida · 2017

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