BIANCA A. RAYMOND, PETITIONER,
v.
CALDWELL BANKER RESIDENTIAL REAL ESTATE, INC., A CALIFORNIA CORPORATION, CHRISTA HICKEY, GARY GREEN AND MARK CLOHERTY, INDIVIDUALLY, RESPONDENTS
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An order granting summary judgment and including words of finality is a final judgment, and the time for appeal runs from its entry.
Petitioner sought review of both a summary judgment and a subsequent order awarding attorney's fees. The summary judgment was entered on October 2, 20…
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KLEIN, J.
This petition for certiorari is timely as to an order awarding attorney’s fees pursuant to an offer of judgment entered on January 10, 2003. Petitioner, however, also seeks review of an order granting a summary judgment entered on October 2, 2002, which became final when petitioner’s motion for rehearing was denied on November 19, 2002.
After stating that the motion for summary judgment was granted, the court included the traditional words of finality “shall go hence without day.” See Form 1.994, Fla. R. Civ. P. Petitioner argues that this is an order merely granting a motion; however, an order which grants a motion for summary judgment, and includes the words “go hence without day” is a final judgment. Allstate Ins. v. Collier, 405 So. 2d 311 (Fla. 4th DCA 1981). The October 2, 2002 order is therefore not reviewable because the time for appeal has run.
The January 10, 2003 judgment for attorney’s fees and costs is reviewable as a final order, BDO Seidman L.L.P. v. British Car Auctions, Inc., 789 So. 2d 1019 (Fla. 4th DCA 2001), rev. denied, 828 So. 2d 384 (Fla.2002). We accordingly redesignate this as a final appeal from the January 10, 2003 judgment.
POLEN, C.J., and TAYLOR, J., concur.
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Citator
Cited By
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Jackson v. Jackson, 177 So. 3d 639 (Fla. 2d DCA 2015)…udgment was rendered on February 26, 2014. See Catchings v. Fla.-McCracken Concrete Pipe Co., 101 Fla. 792, 135 So. 561, 562 (1931) (characterizing go hence without day as words of finality); Raymond v. Caldwell Banker Residential Real Estate, Inc., 848 So. 2d 1160, 1161 (Fla. 4th DCA 2003) (dismissing as untimely an appeal from summary judgment; “an order which grants a motion for summary judgment, [*641] and includes the words ‘go hence without day’ is a final judgment”). The circuit court docket does not re…
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Pakonis v. Clark, 183 So. 3d 386 (Fla. 3d DCA 2014)…order to secure appellate consideration. Diaz v. Metro-Dade Police Dep’t, 557 So. 2d 608, 609 (Fla. 3d DCA 1990); Gries Inv. Co. v. Chelton, 388 So. 2d 1281, 1282 (Fla. 3d DCA 1980); see also Raymond v. Caldwell Banker Residential Real Estate, Inc., 848 So. 2d 1160, 1161 (Fla. 4th DCA 2003); Allstate Ins. Co. v. Collier, 405 So. 2d 311, 312 (Fla. 4th DCA 1981); Form 1.994, Fla. R. Civ. P.; see generally, 2 Fla. Prac., Appellate Practice § 23:2 (2014). The majority’s failure to acknowledge the full force and ef…
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State v. Sadler, 920 So. 2d 647 (Fla. 5th DCA 2005)…with the court’s use of the phrase “go hence without day,” which are traditional words of finality, clearly support the conclusion that the dismissal was intended to be “with prejudice.” See Raymond v. Caldwell Banker Residential Real Estate, Inc., 848 So. 2d 1160 (Fla. 4th DCA 2003) (“go hence without day” are traditional words of finality); Black’s Law Dictionary (8th ed.2004) (“go hence without day” means that case is finally resolved). Although this phrase is more customarily used in connection with civil…
Authorities Cited
- Mitchell v. State, 405 So. 2d 311 (Fla. 4th DCA 1981)
- BDO Seidman, LLP v. British CAR Auctions, Inc., 789 So. 2d 1019 (Fla. 4th DCA 2001)