MURIEL FLORENCE WALKER, APPELLANT,
v.
BOBBY L. WALKER, APPELLEE
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RYDER, Judge.
The appellant appeals from an order entered by the trial court setting aside a certain portion of a final judgment. The trial court’s order was entered pursuant to appellee’s motion for relief from judgment under rule 1.540(b), Florida Rules of Civil Procedure. Both the appellee’s rule 1.540(b) motion and the trial court’s order were filed after appellee had filed a notice of appeal from the original final judgment. This court has not been asked to relinquish jurisdiction for this purpose.
We hold that the lower court lost jurisdiction to enter an order pursuant to a rule 1.540(b) motion once the notice of appeal from the final judgment was filed. Hutchison v. Wintrode, 286 So. 2d 231 (Fla.2d DCA 1973); Liberman v. Rhyne, 248 So. 2d 242 (Fla.3d DCA 1971). In addition, we observe that the appellant asserts in her statement of the case and facts that the lower court entered the order setting aside a certain portion of the final judgment without a hearing being held or a notice being given to appellant. It appears from the brief filed by appellee that he accepted appellant’s assertion.
Accordingly, we REVERSE and VACATE the order entered below.
HOBSON, Acting C.J., and GRIMES, J., concur.
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First Union Nat'l Bank OF Fla. v. Yost, 622 So. 2d 111 (Fla. 1st DCA 1993)…hows no docketing stamp and is dated January 30, 1992. . See also, State v. Florida State Turnpike Authority, 134 So. 2d 12 (Fla.1961) (when party filed a notice of appeal, party "abandoned" previously filed motion for rehearing); Walker v. Walker, 401 So. 2d 872 (Fla. 2d DCA 1981) (lower court “lost jurisdiction” to enter order on motion for relief from judgment once the notice of appeal from the final judgment was filed); Local Consumer Enterprises Corp. v. Hadley, 404 So. 2d 1155 (Fla. 2d DCA 1981) (the f…
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King v. Fergeson, 862 So. 2d 873 (Fla. 2d DCA 2003)…on the motion for relief from judgment once this court’s jurisdiction was invoked by the filing of the notice of appeal from the final judgment. See Local Consumer Enters. Corp. v. Hadley, 404 So. 2d 1155, 1156 (Fla. 2d DCA 1981); Walker v. Walker, 401 So. 2d 872, 873 (Fla. 2d DCA 1981). Carole King was an active participant in the underlying litigation and thus should have been served with the petition for attorney’s fees and costs. Accordingly, we reverse the judgment for attorney’s fees and costs and rem…
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State v. Dick C.P. Lantz, 440 So. 2d 446 (Fla. 3d DCA 1983)…d ed. 1983). (footnote omitted) . The lack of jurisdiction in a trial court to modify a final judgment being appealed also renders it without jurisdiction to entertain a motion pursuant to Florida Rule of Civil Procedure 1.540(b). Walker v. Walker, 401 So. 2d 872 (Fla. 2d DCA 1981); Tosar v. Sladek, 393 So. 2d 61 (Fla. 3d DCA 1981); Glatstein v. City of Miami, 391 So. 2d 297 (Fla. 3d DCA 1980); Leo Goodwin Foundation, Inc. v. Riggs National Bank of Washington, D.C., 374 So. 2d 1018 (Fla. 4th DCA 1979); Weins…
Authorities Cited
- Haskell Liberman and Leatrice Liberman v. Rhyne, 248 So. 2d 242 (Fla. 3d DCA 1971)
- Hutchison v. Wintrode, 286 So. 2d 231 (Fla. 2d DCA 1973)