THOMAS E. WEBSTER, APPELLANT,
v.
CITY OF KEY WEST, FLORIDA, ETC., APPELLEE

Fla. 3d DCA | 1999-01-20
No. 97-3308
Before SCHWARTZ, C.J., and JORGENSON and GERSTEN, JJ.
723 So. 2d 936 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 4 cases
Topics
Final Judgment Jurisdiction

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The appellant seeks review of an adverse final declaratory judgment entered in 1997. We do not reach the merits because the record shows that a similar order of 1991, which entirely disposed of all pending issues and specifically provided that “[sjummary [¡judgment is hereby entered as stated above,” was itself a final judgment from which a timely appeal was required, but was not taken.1 See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974); Del Castillo v. Ralor Pharmacy, Inc., 512 So. 2d 315 (Fla. 3d DCA 1987). Accordingly, the trial court did not have jurisdiction over the cause so as to permit the entry of the judgment purportedly under review. It is therefore vacated and the appeal is dismissed.

. The fact that the 1991 order was titled "Order Granting in Part Petition of City of Key West’s Motion for Summary Judgment and Denying Respondent Webster's Motion for Summary Judgment” makes no difference. See Del Castillo, 512 So. 2d at 315; Dick v. State, 153 So. 2d 844 (Fla. 2d DCA 1963).

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  • S.P. v. Fla. Dep't of Child. & Fam. Servs., 17 So. 3d 878 (Fla. 1st DCA 2009)
    …f certiorari); C.C. v. Dep’t of Children & Families, 732 So. 2d 1125 (Fla. 4th DCA 1999) (treating appeal from order dismissing petition for custody of dependent child as petition for writ of certiorari); Gott v. Dep’t of Children, Youth & Families, 723 So. 2d 936 (Fla. 3d DCA 1999) (treating appeal from order denying visitation with dependent child as petition for writ of certiorari); In re J.Z., 636 So. 2d 726 (Fla. 2d DCA 1993) (treating [*880] petition for writ of certiorari and alternative petition for w…
  • Darrin E. McGILLIS v. Fla. Dep't of Child. & Fam. Servs., 826 So. 2d 1028 (Fla. 3d DCA 2001)
    …tes his status as a participant in the cases of three others. See McGillis v. Department of Children & Family Servs., 719 So. 2d 967 (Fla. 3d DCA 1998); § 39.01(50), Fla. Stat. (2000). See generally, Gott v. Department of Children, Youth & Families, 723 So. 2d 936 (Fla. 3d DCA 1999); L.B. v. C.A., 738 So. 2d 425 (Fla. 4th DCA 1999); Florida Dept. of Health & Rehab. Servs. v. Doe, 659 So. 2d [*1029] 697 (Fla. 1st DCA 1995), review denied, 668 So. 2d 602 (Fla.1996). Affirmed.…

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