SAM CHERRY, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• 84 Lumber Co. v. Cooper, 656 So. 2d 1297 (Fla. 2d DCA 1994)
  …rder). The trial court also lost jurisdiction in the case to adjudicate 84 Lumber’s intervention claim when 84 Lumber failed to preserve this claim prior to dismissal of the litigation between Cooper and his insurance carrier. See Weiss v. Courshon, 618 So. 2d 255 (Fla. 3d DCA 1993); Colucci v. Greenfield, 547 So. 2d 224 (Fla. 3d DCA 1989). Our decision, however, does not preclude either party from having the issue of reimbursement adjudicated in a lawfully instituted proceeding. The trial court’s order, ren…
• Hoechst Celanese Corp. v. FRY, 693 So. 2d 1003 (Fla. 3d DCA 1997)
  …e of the dismissal, we find that the trial court completely lost jurisdiction to entertain any claims attempted to be asserted by them after the dismissal. See 8Jp Lumber Co., 656 So. 2d at 1298-99; Colucci, 547 So. 2d at 225; Cf. Weiss v. Courshon, 618 So. 2d 255, 257-58 (Fla. 3d DCA 1993) (finding where intervenors sought affirmative relief prior to dismissal of main party’s claims, trial court's dismissal of entire action was error). Accordingly, the class certification order must be vacated and this caus…
• McCORMICK v. COX, 118 So. 3d 980 (Fla. 3d DCA 2013)
  …lso to file the annual account-ings to keep the beneficiaries informed of income, expenses, and fluctuations in value of the trust assets. Each beneficiary had [*987] an enforceable right to receive an accounting from the trustee. Weiss v. Courshon, 618 So. 2d 255 (Fla. 3d DCA 1993); §§ 737.303, .3035, Fla. Stat. (2002). And though this is discussed in greater detail under the disgorgement issue below, a trustee’s unilateral payment to himself of a seven-figure fee from trust monies — without prior disclosur…

Authorities Cited

• Setzer v. State, 575 So. 2d 747 (Fla. 5th DCA 1991)
• Wright v. State, 583 So. 2d 399 (Fla. 1st DCA 1991)
• Levens v. State, 598 So. 2d 120 (Fla. 1st DCA 1992)