THE EDWARD J. DEBARTOLO CORPORATION, PINELLAS SQUARE ASSOCIATES, PINELLAS SQUARE, INC., AND J. C. P. REALTY, INC., APPELLANTS,
v.
DRYVIT SYSTEMS, INC., APPELLEE

Fla. 2d DCA | 1979-03-02
Nos. 78-269, 78-293 and 78-294
HOBSON, Acting C. J., and BOARD-MAN and SCHEB, JJ., concur.
368 So. 2d 85 Florida District Court of Appeal, Second District (1979) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the trial court’s order of February 22, 1978, vacating the judgment entered January 19, 1978, on ground the court was without jurisdiction since notice of appeal from that judgment was filed on February 20, 1978.

We affirm the judgment of January 9, 1978, as amended by the judgment of January 19, 1978.

HOBSON, Acting C. J., and BOARD-MAN and SCHEB, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Eileen and Charles Ferrara v. Belcher Indus., Inc., 483 So. 2d 477 (Fla. 3d DCA 1986)
    …nce that occurred, the trial court was without jurisdiction to proceed, on June 10 and June 14, on the motion for relief from judgment. Glatstein v. City of Miami, 391 So. 2d 297 (Fla. 3d DCA 1980); Edward J. DeBartolo Corp. v. Dryvit Systems, Inc., 368 So. 2d 85 (Fla. 2d DCA 1979). The order vacating the final judgment is reversed and the cause is remanded for an evidentiary hearing on the timely filed motion for relief from judgment. The appellee’s motion to relinquish jurisdiction is denied. Reversed an…
  • Zuckerman v. Alex Hofrichter, P.A., 630 So. 2d 210 (Fla. 3d DCA 1993)
    …on for relief from judgment once appellate jurisdiction is invoked. Ferrara v. Belcher Indus., Inc., 483 So. 2d 477 (Fla. 3d DCA 1986); Glatstein v. City of Miami, 391 So. 2d 297 (Fla. 3d DCA 1980); Edward J. DeBartolo Corp. v. Dryvit Systems, Inc., 368 So. 2d 85 (Fla. 2d DCA 1979). Accordingly, the trial court lacked jurisdiction over the independent action, upon the filing of this appeal. In sum, we hold that upon the filing of a notice of appeal of a final judgment, a [*212] non-party may not pursue an i…
  • Allston v. State, 685 So. 2d 1312 (Fla. 2d DCA 1996)
    …g filed in this court. [*1313] Allston’s notice of appeal met the threshold requirements of Florida Rule of Appellate Procedure 9.110(d) and, upon filing, divested the circuit court of jurisdiction. Edward J. DeBartolo Corp. v. Dryvit Systems, Inc., 368 So. 2d 85 (Fla. 2d DCA 1979). See also Alfonso v. Department of Environmental Regulation, 616 So. 2d 44 (Fla.1993); Williams v. State, 324 So. 2d 74 (Fla.1975). In Alfonso v. Department of Environmental Regulation, the supreme court explained that: [A]n app…

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