Sullivan v. Musella

ALTENBERND, Judge.

Mary Rose Sullivan appeals a final order granting proceedings supplementary and enforcing a cost judgment rendered in favor of Dr. Musella. Mrs. Sullivan contends that the trial court did not have subject matter jurisdiction to hear Dr. Musella’s motion because he failed to support his motion with an affidavit under section 56.-29(1), Florida Statutes (1987). We affirm the final order because the failure to file the supporting affidavit did not deprive the trial court of subject matter jurisdiction. The affidavit is a condition precedent which can be waived by the failure to…