MACARIA RIVERA, APPELLANT,
v.
DADE COUNTY D/B/A M.T.A. AND FELIX OSVALDO CABRERA, APPELLEE

Fla. 3d DCA | 1986-03-11
No. 85-1769
Before HUBBART, NESBITT and BAS-KIN, JJ.
485 So. 2d 17 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Macaría Rivera challenges an adverse final judgment on two grounds. First, she claims the trial court erred when it orally ruled that it lacked jurisdiction over a defendant who had been served through the Secretary of State, pursuant to sections 48.161 and 48.171, Florida Statutes (1983). We may not address her contention because this court lacks jurisdiction to review orders which have not been reduced to writing.* Fla.R.App.P. 9.110(b), 9.020(g); Phillips v. Albertson’s Inc., 472 So. 2d 513 (Fla. 2d DCA 1985). Appellant’s second point is without merit. § 768.28(7), Fla.Stat. (1983). See Levine v. Dade County School Board, 442 So. 2d 210 (Fla.1983); Commercial Carrier Corp. v. Indian River County, 371 So. 2d 1010 (Fla.1979).

Affirmed.

*

Because appellant waived her right to complain of the trial court's ruling, by moving to amend the pleadings to strike the absent defendant, we need not remand this cause for the entry of a written order. See Viltz v. Viltz, 384 So. 2d 1348 (Fla. 3d DCA 1980); Holmes v. School Board of Orange County, 301 So. 2d 145 (Fla. 4th DCA 1974), cert. denied, 312 So. 2d 755 (Fla.1975).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Smith, 557 So. 2d 904 (Fla. 1st DCA 1990)
    …rial of the case and had originally been denied by written order. This court lacks jurisdiction to review oral orders of the trial court, where such orders have not been reduced to writing. Fla.R.App.P. 9.020(g) and 9.110(b); Rivera v. Dade County, 485 So. 2d 17 (Fla. 3rd DCA 1986); Phillips v. Albertson’s Inc., 472 So. 2d 513 (Fla. 2nd DCA 1985); Prado-Gonzalez v. State, 468 So. 2d 991 (Fla. 4th DCA 1984). Furthermore, even if this subsequent order granting the defendant’s motion to dismiss had been in wri…
  • Gatlin v. State, 618 So. 2d 765 (Fla. 2d DCA 1993)
    …y the costs of prosecution. Although the bench notes and the transcript reflect that those costs were ordered, the record on appeal contains no final written order concerning costs. Accordingly, this court has no jurisdiction. Rivera v. Dade County, 485 So. 2d 17 (Fla. 3d DCA 1986). We cannot remedy this situation, however, by merely relinquishing jurisdiction for entry of a proper written order because the trial court did not have jurisdiction to enter the oral order imposing costs in the first place. Alt…
  • Swanson v. Swanson, 888 So. 2d 117 (Fla. 4th DCA 2004)
    …erers intervention program ordered by the judge in the Final Judgment for Protection Against Domestic Violence. However, the court did not reduce its verbal pronouncement to writing. Thus, the issue is not properly before us. See Rivera v. Dade Co., 485 So. 2d 17 (Fla. 3d DCA 1986) (a district court of appeal lacks jurisdiction to review a ruling not reduced to writing).…

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