DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1982-07-14
No. 82-122
GLICKSTEIN, DELL and WALDEN, JJ., concur.
416 So. 2d 896 Florida District Court of Appeal, Fourth District (1982) Caution
Cited by 21 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed and remanded with directions to dismiss the rule. Department of Health and Rehabilitative Service v. State, 338 So. 2d 220 (Fla. 4th DCA 1976); Harper v. State, 217 So. 2d 591 (Fla. 4th DCA 1968); Thomson v. State, 398 So. 2d 514 (Fla. 2d DCA 1981); Kranis v. Kranis, 313 So. 2d 135 (Fla. 3d DCA 1975).

GLICKSTEIN, DELL and WALDEN, JJ., concur.


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Cited By (19 total)

  • Clark v. Allied Assocs., Inc., 477 So. 2d 656 (Fla. 5th DCA 1985)
    …mmand return of personal property unless it is of peculiar value and character and unless its loss or retention by one not entitled to it cannot be fully compensated in damages. Price v. Gordon, 129 Fla. 715, 177 So. 276 (1937); Esposito v. Horning, 416 So. 2d 896 (Fla. 4th DCA 1982). Here, the property is not of a peculiar value and character and the money damages award adequately compensated the plaintiff. Nor were the machines ever originally the property of the plaintiff. An injunctive order should never…
  • Johnson v. Harris, 645 So. 2d 96 (Fla. 5th DCA 1994)
    …o-part test of judicial immunity: 1) ruling in the foreclosure action was a judicial act, and 2) Judge Harris still had subject matter jurisdiction in the case even while the non-final order was on appeal. Fla.R.App.P. 9.130(f); Esposito v. Horning, 416 So. 2d 896 (Fla. 4th DCA 1982) (while non-final order was on appeal trial court had jurisdiction to proceed with the case but not to enter a final judgment). Ms. Cooper, acting on behalf of Judge Harris, shares his absolute immunity.2 Because Judge Harris and…
  • Connor Realty, Inc. v. Ocean Terrace N. Condo. Ass'n, 572 So. 2d 4 (Fla. 4th DCA 1990)
    …ort Lauderdale, 533 So. 2d 1208 (Fla. 4th DCA 1988); Hirschorn v. Superior Realty of Florida, 450 So. 2d 510 (Fla. DCA 1984); Darden v. Police and Fire Civ. Service Bd., City of Riviera Beach, 423 So. 2d 543 (Fla. 4th DCA 1982); Esposito v. Horning, 416 So. 2d 896 (Fla. 4th DCA 1982). The final judgment and subsequent orders were entered without jurisdiction and they are a nullity. Accordingly, we reverse the final judgments and subsequent orders and remand for further proceedings. However, the reversal is…

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