Mullins Lumber Co. v. W.W. Lumber & Building Supplies, Inc.

I would grant the petition for rehearing on the basis that this case is distinguishable from our decision in C & S Plumbing, Inc. v. Live Supply, Inc., 397 So.2d 998 (Fla. 4th DCA 1981). The C & S Plumbing opinion does not state whether the judgment under consideration therein was stipulated, whereas it is undisputed herein that the judgment permitting execution forthwith was stipulated to by all parties.

Florida Rule of Civil Procedure 1.550 provides that no final process on a judgment may issue before the time for moving for a rehearing has expired unless by special order of the court. In…