IRENA EUGENIA SAS AND ELISABETH PATTEN, PETITIONERS,
v.
HONORABLE ALAN POSTMAN ETC., ET AL., RESPONDENTS
SCHWARTZ, Chief Judge.
Although the petitioner Sas was originally a co-defendant in the litigation below, the plaintiff subsequently filed an amended complaint against only the defendant Patten. This action, which dropped Sas as a party and terminated the proceedings as against her, see Martin v. Consolidated City of Jacksonville, 490 So. 2d 138 (Fla. 1st DCA 1986), resulted in the trial court’s loss of jurisdiction over her person. See Biggers v. Town of Davie, 674 So. 2d 938 (Fla. 4th DCA 1996); Federal Ins. Co. v. Fatolitis, 478 So. 2d 106 (Fla. 2d DCA 1985); Hertz Int'l, Ltd. v. Richardson, 317 So. 2d 824 (Fla. 3d DCA 1975), cert. denied, 330 So. 2d 18 (Fla.1976). Her application for writ of prohibition to preclude the trial court from the entry of orders against her absent the service of new process or of an appropriate subpoena is therefore granted.
Prohibition granted.1
. We are sure that it will be unnecessary to issue the formal writ.
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Liberty Ins. Corp. v. Milne, 98 So. 3d 613 (Fla. 4th DCA 2012)…ty to the underlying litigation (except for the limited purpose of the nonjoinder statute) in that it had not been served process at the time of the final judgment, or even by the time that the “crossclaim” was allowed. See generally Sas v. Postman, 687 So. 2d 54 (Fla. 3d DCA 1997) (granting petition for writ of prohibition to preclude trial court from entering orders affecting former co-defendant, after plaintiff filed amended complaint against one defendant which dropped another defendant, the petitioner,…
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Verzura Constr., Inc. v. Ojito & Assocs., Inc., 875 So. 2d 672 (Fla. 3d DCA 2004)…PER CURIAM. As the appellee, Ojito and Associates, Inc. [OAI], properly concedes, the trial court lacked jurisdiction to rule on its motion for summary judgment where OAI had been dropped as a party. See Sas v. Postman, 687 So. 2d 54 (Fla. 3d DCA 1997). Therefore, we reverse the order granting OAI’s motion for summary judgment. Reversed.…
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Am. Platinum Prop. & Cas. Ins. Co. v. Swank (Fla. 5th DCA 2022)…lawsuit. When a plaintiff removes a defendant from a pleading via amendment, the trial court loses personal jurisdiction over the removed party. See, e.g., Lincoln Mews Condo. v. Harris, 276 So. 3d 344, 348 (Fla. 3d DCA 2019); Sas v. Postman, 687 So. 2d 54, 55 (Fla. 3d DCA 1997) (citing Martin v. Consol. City of Jacksonville, 490 So. 2d 138, 139 (Fla. 1st DCA 1986)). Accordingly, the plaintiff cannot regain personal jurisdiction until the removed party is served or waives its ability to challenge…
Authorities Cited
- HERTZ Int'l, Ltd. v. Richardson, 317 So. 2d 824 (Fla. 3d DCA 1975)
- Featherngill v. Featherngill, 478 So. 2d 106 (Fla. 2d DCA 1985)
- Fed. Ins. Co. v. Fatolitis, 478 So. 2d 106 (Fla. 2d DCA 1985)
- Biggers v. Town OF Davie, 674 So. 2d 938 (Fla. 4th DCA 1996)
- Martin v. Consol. City OF Jacksonville, 490 So. 2d 138 (Fla. 1st DCA 1986)