TRAYLOR BROTHERS, INC., APPELLANT,
v.
TORA SHIPMAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MAURICE SHIPMAN, APPELLEE
TRAYLOR BROTHERS, INC., APPELLANT,
TORA SHIPMAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MAURICE SHIPMAN, APPELLEE
738 So. 2d 1028
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Because this is an appeal from an order which denied a motion to dismiss for failure to timely serve a defendant, it is not an appealable, non-final order. The appeal is, accordingly, dismissed. See Thomas v. Silvers, 701 So. 2d 389 (Fla. 3d DCA 1997), review granted, No. 91,860, — So. 2d(Fla. Mar. 31, 1998); Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So. 2d 348 (Fla. 2d DCA 1993). Similar to the Third District in Thomas v. Silvers, we certify conflict with Mid-Florida Associates, Ltd. v. Taylor, 641 So. 2d 182 (Fla. 5th DCA 1994), and Comisky v. Rosen Management Service, Inc., 630 So. 2d 628 (Fla. 4th DCA 1994) (en banc).
APPEAL DISMISSED.
BARFIELD, C.J., ERVIN and WOLF, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Traylor Bros., Inc. v. Tora Shipman, 758 So. 2d 91 (Fla. 2000)…PER CURIAM. We have for review Traylor Brothers, Inc., v. Shipman, 738 So. 2d 1028 (Fla. 1st DCA 1999), which certified conflict with Comisky v. Rosen Management Service, Inc., 630 So. 2d 628 (Fla. 4th DCA 1994), and Mid-Florida Associates, Ltd. v. Taylor, 641 So .2d 182 (Fla. 5th DCA 1994), concerning the issue of a motion to dis…
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Joiner v. State, 790 So. 2d 1211 (Fla. 2d DCA 2001)…dgment has been taken, a petition for writ of error coram nobis must be filed in the original trial court that entered the judgment. State v. Woods, 400 So. 2d 456, 457 (Fla. 1981); Lamb v. State, 91 Fla. 396, 107 So. 535 (1926); Shurtleff v. State, 738 So. 2d 1028 (Fla. 1st DCA 1999), review dismissed, 753 So. 2d 566 (Fla.2000). Thus, the trial court had jurisdiction to consider Joiner’s petition and erred in dismissing it. However, we have reviewed each issue Joiner raised in his petition and determine that…
Authorities Cited
- Berge O. Khandjian and Tuula Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So. 2d 348 (Fla. 2d DCA 1993)
- Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994)
- Thomas v. Silvers, 701 So. 2d 389 (Fla. 3d DCA 1997)
- Mid-Florida Assocs., Ltd. v. Taylor, 641 So. 2d 182 (Fla. 5th DCA 1994)