EUGENE LUTHER HAZEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Robert M. Gibson et ux. v. Buice, 381 So. 2d 349 (Fla. 5th DCA 1980)
  …’s order, and remand this cause to the trial court for entry of an order as authorized by Rule 1.540(b), which will provide the appellant with an avenue for a direct appeal. REVERSED and REMANDED. ORFINGER and COBB, JJ., concur. . Smith v. Garst, 289 So. 2d 774 (Fla. 2d DCA 1974) and Woldarsky v. Woldarsky, 243 So. 2d 629 (Fla. 1st DCA 1971). . Town of Hialeah Gardens v. Hendry, 376 So. 2d 1162 (Fla.1979).…
• Paul v. Wells Fargo Bank, N.A., 68 So. 3d 979 (Fla. 2d DCA 2011)
  …no other purpose than to reenter the order with a fresh date to preserve the right to appeal or to file a motion for rehearing. See Hall v. Dep’t of Health & Rehabilitative Servs., 487 So. 2d 1147 (Fla. 1st DCA 1986); see also, e.g., Smith v. Garst, 289 So. 2d 774, 775-76 (Fla. 2d DCA 1974) (remanding case to trial [*984] court pursuant to rule 1.540 for reentry of order where counsel for incompetent petitioner not advised of order entry until after appeal deadline); Kanecke v. Lennar Homes, Inc., 543 So. 2d…
• Gordon v. Green, 382 So. 2d 1344 (Fla. 5th DCA 1980)
  …the appeal could possibly have been extended by asking the trial court to vacate the order pursuant to Rule 1.540(a) or 1.540(b) of the Florida Rules of Civil Procedure. Town of Hialeah Gardens v. Hendry, 376 So. 2d 1162 (Fla.1979); Smith v. Garst, 289 So. 2d 774 (Fla. 2d DCA 1974); Woldarsky v. Woldarsky, 243 So. 2d 629 (Fla. 1st DCA 1971). We do not relish the triumph of form over substance. We therefore relinquish jurisdiction and remand this case to the trial court for a determination of whether motions…