RICHARD W. BALSAMO, APPELLANT,
v.
WELLS FARGO BANK, N.A., APPELLEE
RICHARD W. BALSAMO, APPELLANT,
WELLS FARGO BANK, N.A., APPELLEE
174 So. 3d 640
Florida District Court of Appeal, Fourth District (2015)
Caution
Cited by 7 cases
Opinion of the Court
As appellee concedes, the trial court erred in denying appellant’s motion to vacate the final judgment pursuant to Florida Rule of Civil Procedure 1.540. The case was removed to federal court, where it was dismissed with prejudice by the federal judge, so the circuit court did not have jurisdiction to enter a final judgment.
Reversed and remanded.
STEVENSON, GROSS and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Dep't OF Revenue v. Reyes, 181 So. 3d 1270 (Fla. 1st DCA 2015)…m or is ignorant of the law, but because no pleading requests the determination of the true value of his child support obligations.” Whether a lower tribunal has authority is a question of law, which we review de novo. Dep’t of Revenue v. Vanamburg, 174 So. 3d 640, 642 (Fla. 1st DCA 2015). The ALJ cited a number of cases in support of his conclusions, all of which stand for the proposition that a court’s authority can extend no further than the issues framed by the’ pleadings. See, e.g., Newberry v. Newberry…
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Christakis v. Tivoli Terrace, LLC, 219 So. 3d 85 (Fla. 4th DCA 2017)…olled by the amended rule, as the rule was amended during the pendency of the appeal. See Johnson v. State, 154 So. 3d 1184, 1186 n.1 (Fla. 4th DCA 2015); Wallen v. Tyson, 174 So. 3d 1058, 1060 n.1 (Fla. 5th DCA 2015); Dep’t of Revenue v. Vanambwrg, 174 So. 3d 640, 642 & n.1 (Fla. 1st DCA 2015). Conclusion The January 1, 2015 amendment to Rule 9.020(i)(3) does not have retroactive effect to revive a motion previously abandoned through the filing of a notice of appeal. We therefore affirm. Affirmed. Damoor…
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WHS Trucking LLC v. Reemployment Assistance Appeals Comm'n & Michael Henry, 183 So. 3d 460 (Fla. 1st DCA 2016)…inality and that inherent authority was not applied in a manner that would result in prejudice to a party. Id. at 560. In contrast here, expanding the agency’s jurisdiction to allow the correction prejudiced WHS. See also Dep’t of Rev. v. Vanamburg, 174 So. 3d 640 (Fla. 1st DCA 2015). While there may be some exceptions to a strict application of the 20-day time limit, the instant case provides no such exception where the Referee’s purported “clerical” correction actually affected WHS’s substantial interests.…
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