Legal Opinion · Concurrence

Martini v. Young

District Court of Appeal of Florida

Decided November 18, 2005No. 5D03-1864Published

1ConcurrenceGriffin, J.

I have concurred in the conclusion that we lack jurisdiction because the February 14, 2003, order was a final order. There was no timely motion for rehearing or amendment by any party. Therefore, the order became final on February 24, 2003, and the trial court lost the power to amend or vacate it. See, e.g., Maresca v. Olivo, 819 So.2d 855 (Fla. 5th DCA 2002); Bortz v. Bortz, 675 So.2d 622 (Fla. 1st DCA 1996); Shelby Mutual Ins. Co. v. Pearson, 236 So.2d 1 (Fla.1970). The only remaining authority potentially available to the trial court appears to be Florida Rule of Civil Procedure 1.540(a),…

2Cases cited5 opinions

  1. Kippy Corporation v. ColburnSupreme Court of Florida · 1965
  2. Shelby Mutual Ins. Co. of Shelby, Ohio v. PearsonSupreme Court of Florida · 1970
  3. Bortz v. BortzDistrict Court of Appeal of Florida · 1996
  4. Maxfly Aviation, Inc. v. Capital Airlines Ltd.District Court of Appeal of Florida · 2003
  5. Maresca v. OlivoDistrict Court of Appeal of Florida · 2002

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API