EILEEN AND CHARLES FERRARA, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF MARC FERRARA, A MINOR, APPELLANTS,
v.
BELCHER INDUSTRIES, INC. AND GARY BELCHER, APPELLEES
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The trial court lost jurisdiction to grant a motion for relief from judgment once a notice of appeal was filed.
The Ferraras obtained a final judgment, and the defendants filed several post-trial motions, including a motion for relief from judgment. The defendan…
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PER CURIAM.
The Ferraras appeal an order granting the defendants’ motion for relief from judgment. We reverse.
The Ferraras obtained a final judgment on a jury verdict on February 26,1985. On March 7, 1985, the defendants filed timely motions for new trial, remittitur and relief from judgment. On April 19, the trial court denied the motions for new trial and remittitur, but granted an evidentiary hear ing on defendants’ motion for relief from judgment. On May 20, 1985, the defendants filed a notice of appeal from the final judgment. The hearing on the motion for relief from judgment was held on June 10, and on June 14, 1985, the motion was granted. On July 2, 1985, the Ferraras filed an appeal of the order vacating the final judgment.
The May 20, 1985 notice of appeal invoked the jurisdiction of this court. Once 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 and remanded.
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In re Forfeiture OF $104 v. Metro Dade Police Dep't, 578 So. 2d 727 (Fla. 3d DCA 1991)…to the words themselves, this is the construction which we should and do adopt. For these reasons, as this court has consistently stated, we again hold that the abandonment rule survives Williams and applies today. Ferrara v. Belcher Indus., Inc., 483 So. 2d 477 (Fla. 3d DCA 1986); SAC Constr. Co., Inc. v. Eagle Nat’l Bank of Miami, 449 So. 2d 301 (Fla. 3d DCA 1984); In re One Chevrolet Blazer, 436 So. 2d at 1088; accord Jackson v. State, 570 So. 2d 1038 (Fla. 2d DCA 1990); Brumlik v. Catalyst, Inc., 463 So…
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Belcher v. Eileen and Charles Ferrara, 511 So. 2d 1089 (Fla. 3d DCA 1987)…on to set aside the final judgment while an appeal from that same judgment was pending in this court. We remanded the cause with instructions to conduct an evidentiary hearing on the timely motion for relief from judgment. Ferrara v. Belcher Indus., 483 So. 2d 477 (Fla. 3d DCA 1986). On remand the court conducted another hearing and made findings contrary to those made at the first hearing. That June 2nd 1986 order, which is the subject of this appeal, found: that either GARY BELCHER had a policy to avoid s…
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First Union Nat'l Bank OF Fla. v. Yost, 622 So. 2d 111 (Fla. 1st DCA 1993)…ourt before relief under paragraph (a) may be granted. However, in order for a party to obtain relief from a judgment under paragraph (b), then the jurisdiction of the appellate court must not have been invoked. Ferrara v. Belcher Industries, Inc., 483 So. 2d 477 (Fla. 3d DCA 1986). This point is discussed in greater detail infra. . According to Holmes, the order on the motions was not actually entered until February 21, 1992, even though the copy of the order contained in the record on appeal shows no dock…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Glatstein v. The City OF Miami, 391 So. 2d 297 (Fla. 3d DCA 1980)
- The Edward J. DeBARTOLO Corp. v. Dryvit Sys., Inc., 368 So. 2d 85 (Fla. 2d DCA 1979)
- Garcia v. Proefke-Nielson Constr. Co. & Reliance Ins. Co., 368 So. 2d 85 (Fla. 2d DCA 1979)