JAMES R. GEORGES AND KAREN GEORGES, JOINTLY AND SEVERALLY, ET AL., APPELLANTS,
v.
INSURANCE TECHNICIANS, INC., APPELLEE
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The court affirmed the trial court's denial of a motion to vacate a judgment filed during the pendency of an appeal, holding that the trial court lacked jurisdiction to grant such relief while an appeal was pending, but allowed appellants to renew the motion after the appeal concludes and granted appellee's request for attorney's fees based on a personal guaranty.
A trial court lacks jurisdiction to grant a motion under Florida Rule of Civil Procedure 1.540(b) to vacate or satisfy a judgment while an appeal from that judgment is pending.
[1] A trial court lacks jurisdiction to entertain a motion under Florida Rule of Civil Procedure 1.540(b) to vacate or satisfy a judgment while an appeal from that judgment i…
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Join FLexlaw to unlock all legal intelligenceAppellants filed a motion requesting the trial court to vacate a final judgment or deem it satisfied while an appeal from that judgment was pending. T…
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HERSEY, Chief Judge.
While an appeal from a final judgment in this matter was pending, appellants filed a motion pursuant to rule 1.540(b), Florida Rules of Civil Procedure, requesting the trial court to vacate the judgment or, in the alternative, to deem it satisfied. Denial of that motion is the subject of the present appeal from a non-final order. Since the trial court was without jurisdiction to grant the motion during the pendency of an appeal, denial was appropriate. 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). We therefore affirm, without prejudice, however, to appellants’ right to raise the issue again after the pending appeal is terminated unless precluded by law of the case, estoppel by judgment, or res judicata.
Appellee seeks attorney’s fees in these proceedings on the basis of a personal guaranty or, in the alternative, on the basis of section 57.105, Florida Statutes (1985). We deny the latter. As to the former basis we grant the motion and upon remand the trial court shall determine the amount of a reasonable attorney’s fee to be allowed for the instant appeal.
AFFIRMED.
LETTS and GUNTHER, JJ., concur.
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Zuckerman v. Alex Hofrichter, P.A., 630 So. 2d 210 (Fla. 3d DCA 1993)…t. Following affirmance of a judgment on appeal, one may seek relief from the judgment in the trial court, Ohio Casualty Group v. Parrish, 350 So. 2d 466 (Fla.1977), unless barred by issue or claim preclusion. Georges v. Insurance Technicians, Inc., 486 So. 2d 700 (Fla. 4th DCA 1986). Appellant’s reliance on Pearlman v. Pearlman, 405 So. 2d 764 (Fla. 3d DCA 1981), is misplaced. In Pearlman, unlike this case, there was no action concerning the underlying judgment on appeal. Therefore, because the trial court…
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Loy Campbell v. Sadana Campbell, 100 So. 3d 763 (Fla. 4th DCA 2012)…risdiction to consider a motion to vacate an order while there is a pending appeal on the very order that the moving party seeks to vacate. See, e.g., Stoppa v. Sussco, Inc., 943 So. 2d 309, 313 (Fla. 3d DCA 2006); Georges v. Ins. Technicians, Inc., 486 So. 2d 700, 701 (Fla. 4th DCA 1986); Leo Goodwin Found., Inc. v. Riggs Nat’l Bank of Washington, D.C., 374 So. 2d 1018, 1018-19 (Fla. 4th DCA 1979). Thus, once the Former Wife filed her notice of appeal as to the Modification Order, the trial court was divest…
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McDUFFIE v. City OF Jacksonville, 763 So. 2d 1201 (Fla. 1st DCA 2000)…l Bank of Florida v. Yost, 622 So. 2d 111 (Fla. 1st [*1202] DCA 1993)(relief from judgment due to mistake, newly discovered evidence, and so on, may not be obtained if appellate jurisdiction has been invoked); Georges v. Insurance Technicians, Inc., 486 So. 2d 700 (Fla. 4th DCA 1986)(pendency of appeal from final judgment removed trial court’s jurisdiction to grant motion to vacate a judgment). Thus, we have jurisdiction to review the April 3, 1998 order. On review of the order on appeal, finding no merit to…
Previewing 3 of 5 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)
- LEO Goodwin Found., Inc. v. The Riggs Nat'l Bank OF Wash., 374 So. 2d 1018 (Fla. 4th DCA 1979)