WILLIAM O'BRIEN, APPELLANT,

v.

MICHAEL BUDDECKE, ET AL., APPELLEES

Citator

Cited By

• Baden v. Baden, 260 So. 3d 1108 (Fla. 2d DCA 2018)
• Layne Dredging Co. v. Regus, Inc., 622 So. 2d 7 (Fla. 2d DCA 1993)
  …through a crossclaim to Layne was nullified at the moment when CIT accomplished the voluntary termination of its lawsuit. Finally, Gull Construction Co. v. Hendrie, 271 So. 2d 775 (Fla. 2d DCA 1973), and Our Gang, Inc. v. Commvest Securities, Inc., 608 So. 2d 542 (Fla. 4th DCA 1992), are wholly inapposite. Those cases focused upon the survivability of counterclaims in the context of voluntary dismissals. A counterclaim, however, unlike a crossclaim, is not extinguished by a voluntary dismissal of the complai…
• Freeman W. Barner, Jr. v. Barner, 673 So. 2d 886 (Fla. 4th DCA 1996)
  …for the rendition of an order nunc pro tunc to a point prior to the filing of the notice of appeal. Becker v. King, 307 So. 2d 855 (Fla. 4th DCA 1975). This preparation of the order is merely a ministerial act. Our Gang, Inc. v. Commvest Sec., Inc., 608 So. 2d 542 (Fla. 4th DCA 1992). Therefore, we hold that the appellant could not be considered as having abandoned the motion, as he actually obtained a ruling on it. In its oral ruling the trial court never explicitly denied any part of the motion for reheari…

Authorities Cited

• Kinya v. Lifter, Inc., 489 So. 2d 92 (Fla. 3d DCA 1986)
• Holmes v. Redland Constr. Co., 557 So. 2d 911 (Fla. 3d DCA 1990)
• Fisher v. Creamer, 363 So. 2d 199 (Fla. 3d DCA 1978)