IN THE INTEREST OF C. E. M., A CHILD
PER CURIAM.
This is an appeal by a juvenile from an adjudication of delinquency. The juvenile was charged in a two-count petition with robbery and aggravated battery. The order adjudicating delinquency found the juvenile guilty of the offenses charged in the petition. The transcript indicates and the State agrees that the defendant was actually found not guilty of the aggravated battery count. The adjudication of delinquency is affirmed based upon the finding of guilt as to the robbery count, and the cause is remanded to the trial court for clarification of the finding of guilt as to the aggravated battery count.
LETTS, C. J., and DOWNEY and BERA-NEK, JJ., concur.
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AGB OIL Co. v. Crystal Exploration & Prod. Co., 406 So. 2d 1165 (Fla. 3d DCA 1981)…r.), cert. denied, 396 U.S. 963, 90 S.Ct. 432, 24 L.Ed.2d 426 (1969); Hann v. Carson, 462 F.Supp. 854 (M.D.Fla.1978); Volkswagen Insurance Company v. Taylor, 201 So. 2d 624 (Fla. 1st DCA 1967) (motions for summary judgment); Malicoat v. LaChappelle, 390 So. 2d 481 (Fla. 4th DCA 1980) (order denying motion to set aside default judgment is res judicata and bars subsequent motion to set aside the default and to vacate the final judgment brought on virtually the same grounds as the original motion). See also Sott…
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Crocker Invs., Inc. v. Statesman Life Ins. Co., 515 So. 2d 1305 (Fla. 3d DCA 1987)…a prior order denying relief. Perkins v. Salem, 249 So. 2d 466 (Fla. 1st DCA 1971); [*1307] Atlas v. City of Pembroke Pines, 441 So. 2d 652 (Fla. 4th DCA 1983); Purcell v. Deli Man, Inc., 411 So. 2d 378 (Fla. 4th DCA 1982); Malicoat v. LaChappelle, 390 So. 2d 481 (Fla. 4th DCA 1980). If a party is dissatisfied with a court’s ruling, the correct remedy is an appeal, not the filing of successive motions to vacate containing the same general grounds or even new ones, which with due diligence could have been rai…1 / 2
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Atlas v. City OF Pembroke Pines, 441 So. 2d 652 (Fla. 4th DCA 1983)…tion was granted and this appeal ensued. We reverse. A trial court is without jurisdiction to entertain a second motion for relief from judgment which attempts to relitigate matters settled by a prior order denying relief. Malicoat v. LaChappelle, 390 So. 2d 481 (Fla. 4th DCA 1980); Perkins v. Salem, 249 So. 2d 466 (Fla. 1st DCA 1971). The city attempts to distinguish this case from Mali-coat and Perkins by contending that its second motion — though not styled as such— was actually a motion for rehearing. T…
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