SECURITY NATIONAL MORTGAGE CO., APPELLANT,
v.
CREVAN O. REID, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court lacked jurisdiction to rehear a motion to vacate after denying it, and that the appeal regarding attorney's fees was not ripe.
The trial court dismissed Security National Mortgage Co.'s case for non-appearance at a pretrial conference. Security's motion to vacate was denied, t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.540(B) cases and more on FLexlaw
The lower court dismissed Security National Mortgage Co.’s case following Secu*1266rity’s non-appearance at- a pretrial conference. Subsequently, Security moved to vacate the dismissal pursuant to Florida Rule of Civil Procedure 1.540(b). The trial court denied Security’s -rule 1.540(b) motion, and Security moved for rehearing. The trial ■ court granted the motion for rehearing and then denied Security’s motion to vacate a second time. It is from this second denial that Security appeals.
The Florida Rules of Civil Procedure do not authorize the rehearing of an order entered on a rule 1.540(b) motion. See Intercoastal Marina Towers, Inc. v. Suburban Bank, 506 So.2d 1177, 1178 (Fla. 4th DCA 1987). The lower court was therefore without jurisdiction to rehear Security’s motion after it had already denied it. See Thornton v. Jabeen, 683 So.2d 150 (Fla. 3d DCA 1996); Irwin v. Walker, 468 So.2d 241 (Fla. 2d DCA 1984). We therefore do not reach the merits of Security’s appeal and quash the order denying Security’s motion to vacate entered on rehearing.
Security also appeals the lower court’s reservation of jurisdiction to award attorney’s fees. However, because the lower court has not entered an order awarding a specific amount of attorney’s fees, we dismiss this portion of the appeal as not being ripe. See REC Ctrs., Inc. v. Shaughnessy, 407 So.2d 971, 975 (Fla. 4th DCA 1981).
Quashed in part and dismissed in part.
WARNER, GROSS and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Preudhomme v. Garth F. Bailey, 211 So. 3d 127 (Fla. 4th DCA 2017)…by the trial court to award attorney’s fees against her. Because the trial court did not make a ruling awarding fees, nor is there such an order in the record, we dismiss that portion of the appeal as premature. See Security Nat. Mortg. Co. v. Reid, 185 So. 3d 1265, 1266 (Fla. 4th DCA 2016) (citing REC Ctrs., Inc. v. Shaughnessy, 407 So. 2d 971, 975 (Fla. 4th DCA 1981)). Pertinent Facts and Trial Proceedings The final judgment dissolving Appellant’s marriage to Appellee Garth Bailey and the resulting post-di…
-
Rivas v. The Bank of N.Y. Mellon, 233 So. 3d 1155 (Fla. 4th DCA 2018)…er whether the circuit court acted outside the scope of its own jurisdiction. Instead, the appropriate remedy is to vacate or quash the void order. See, e.g., Daniels v. State, 712 So. 2d 765, 765 (Fla. 1998); see also Sec. Nat'l Mortg. Co. v. Reid, 185 So. 3d 1265, 1266 (Fla. 4th DCA 2016) (declining to reach the merits of the order appealed because the trial court lacked jurisdiction to enter it). We therefore do not reach the merits of this appeal and instead quash the order denying the motion to vacate th…
Authorities Cited
- Intercoastal Marina Towers, Inc. v. Suburban Bank, Robert G. Curie, AIA, P.A., 506 So. 2d 1177 (Fla. 4th DCA 1987)
- Corbitt v. City OF Bonifay, 407 So. 2d 971 (Fla. 1st DCA 1981)
- Irwin v. Walker, 468 So. 2d 241 (Fla. 2d DCA 1984)
- Thornton v. Farhat Jabeen, 683 So. 2d 150 (Fla. 3d DCA 1996)