JAPPE
v.
HELLER ET AL.
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The Florida Supreme Court held that a trial court lacked jurisdiction to vacate a final equity decree more than 20 days after its entry when the petition for rehearing was filed outside the statutory period prescribed by Equity Rule 70. The court granted a petition for certiorari and quashed the trial court's order, reinstating the final decree.
No. The trial court lacked jurisdiction to vacate the final decree because the petition for rehearing was filed 54 days after entry when Equity Rule 70 required such petitions to be filed within 20 days. Equity causes are not subject to the relaxed time restrictions that apply to common-law actions.
“Equity Rule 70 requiring that petitions for rehearing be filed within 20 days of recording the decree and Allen v. Town of Largo, Fla., 39 So. 2d 549, required an affirmative answer to this question.”
Establishes the mandatory 20-day deadline for rehearing petitions in equity cases
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Join FLexlaw to unlock all legal intelligenceA final decree in an equity matter was entered on July 24, 1952. On September 16, 1952—54 days later—a petition for extraordinary rehearing was filed.…
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PER CURIAM.
A final decree was entered in the cause July 24, 1952. September 16th, 54 days thereafter an extraordinary petition for rehearing was filed and on September 19th, defendants appealed. November 4, 1952, the Court granted the extraordinary petition for rehearing, vacated the final decree and referred the cause to a Master. We are confronted with a petition for certiorari to review and quash the latter decree.
The point for determination is whether or not the Circuit Court had jurisdiction to vacate the final decree, the petition for rehearing on which it was predicated nothaving been filed within 20 days of its entry.
Equity Rule 70 requiring that petitions for rehearing be filed within 20 days of recording the decree and Allen v. Town of Largo, Fla., 39 So. 2d 549, required an affirmative answer to this question. Respondents contend that the point is ruled by Hendry v. Lewis, Fla., 59 So. 2d 854. It is sufficient to point out that this case dealt with a common-law action and does not control equity causes' since they are not limited by fixed terms as is the case with common-law actions.
The petition for certiorari is granted and the order complained of is quashed with directions to enter a decree accordingly.
It is so ordered. ROBERTS, C. J., and TERRELL, MATHEWS, and DREW, JJ-, concur. On Petition for Clarification
PER CURIAM.
The petitioner. has applied to this Court for a clarification of the order': of this Court dated April 30, 1953, wherein, “The petition for certiorari is granted and the order complained of is-quashed with directions to enter a decree accordingly.”
The effect of the order of April 30, 1953, was to quash the order complained of and to order the reinstatement of the final decree in' the cause nunc pro tunc as of July 23, 1952, the date of its-entry.
ROBERTS, C. J., and TERRELL, SE-BRING, and MATHEWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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State of Fla. ex rel. Huntley Bros., Inc. v. Honorable Marion W. Gooding, 149 So. 2d 55 (Fla. 1st DCA 1963)…HUNTLEY and W. T. HUNTLEY, go hence without day, and that defendants recover their costs and charges in this behalf expended and have execution therefor.” . Seo Rule 3.16, Florida Rules of Civil Procedure, 1954, 31 F.S.A. . Jappe v. Heller et al., 65 So. 2d 302 (Fla.1953). . Equity Rule 70 was the predecessor of Rule 3.16, Florida Rules of Civil Procedure. . Cortina v. Cortina, 98 8o.2d 334, 336 (Fla.1957). . Batteiger v. Batteiger, 109 So. 2d 602 (Fla.App.3d, 1959). . 25 Fla.Jur., Prohibition, § 22, p…
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Batteiger v. Batteiger, 109 So. 2d 602 (Fla. 3d DCA 1959)…diction of the case at the expiration of the time for filing a petition for rehearing or motion for new trial unless such petition or motion is filed. Bartlett & Sons Co. v. Pan-American Studios, 144 Fla. 531, 198 So. 195; Jappe v. Heller, Fla.1953, 65 So. 2d 302; Cf. Ray v. Ray, Fla.App.1958, 99 So. 2d 721. This rule is subject to the exception that the trial court may correct clerical mistakes or mistakes arising from oversight or omissions at any time. Rule 1.38, Florida Rules of Civil Procedure, 30 F.S.A…
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Scheuermann v. Shamas, 97 So. 2d 314 (Fla. 3d DCA 1957)…ng the case for further litigation of the fee question, and that order was a nullity. Atwell v. Atwell, 111 Fla. 352, 149 So. 555, 556; Bartlett & Sons Co. v. Pan-American Studios, Inc., 144 Fla. 531, 198.So. 195, 196; and Jappe v. Heller, Fla.1953, 65 So. 2d. 302. The subsequent order of July 24, 1956, to which this appeal or review was directed, was a nullity for the same reason. The allowance of attorney fees, which is-being challenged on review, was' made in. the final decree of March 28, 1955, and not…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Allen v. Town of Largo, 39 So.2d 549 (Fla. 1949)