Legal Opinion

Mainlands Section Three Ass'n v. DeSylvestri

District Court of Appeal of Florida

Decided April 30, 1986No. 4-86-0434Published

1Per curiam

We grant the petition for writ of prohibition and quash the order dated January 30, 1986, which order stayed execution and sale pursuant to a final judgment of foreclosure, and which order further provided for a rehearing on the issue of attorney’s fees. We do this because the trial court lacked jurisdiction to enter the order. Shelby Mutual Ins. v. Pearson, 236 So.2d 1 (Fla.1970); St. Cloud Utilities v. Moore, 410 So.2d 973 (Fla. 5th DCA 1982); and Town of Palm Beach v. State ex rel. Steinhardt, 321 So.2d 567 (Fla. 4th DCA 1975).

Granted.

HERSEY, C.J., and WALDEN and GUNTHER, JJ., concur.

2Cases cited3 opinions

  1. Shelby Mutual Ins. Co. of Shelby, Ohio v. PearsonSupreme Court of Florida · 1970
  2. St. Cloud Utilities v. MooreDistrict Court of Appeal of Florida · 1982
  3. Town of Palm Beach v. State Ex Rel. SteinhardtDistrict Court of Appeal of Florida · 1975