ENVIRONS PALM BEACH, APPELLANT,
v.
FLORENCE P. DONOVAN, APPELLEE
ENVIRONS PALM BEACH, APPELLANT,
FLORENCE P. DONOVAN, APPELLEE
361 So. 2d 718
Florida District Court of Appeal, Fourth District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*719] DAUKSCH, Judge.
Appealed is an order granting a motion to amend a final judgment. Because the motion was served more than ten days after the entry of the judgment, it was untimely. Fla.R.Civ.P. 1.530(g). The order amending the final judgment is reversed and the cause is remanded for the appellee to make application to the lower court for such attorneys’ fees from appellant as are permitted under the law.
Reversed and remanded.
MOORE, J., concurs.
CROSS, J., concurs in part and dissents in part, with opinion.
Other
CROSS, Judge,
concurring in part, and dissenting in part:
I concur in the majority’s conclusion to reverse the order amending the final judgment, and dissent as to remanding for further proceedings on attorneys’ fees, which are inappropriate.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tompkins v. Kraemer, 402 So. 2d 35 (Fla. 3d DCA 1981)…dure 1.530(g) and no enlargement of time is authorized for the making of such a motion. Fla.R. Civ.P. 1.090(b). Because the motion was untimely served, the trial court lost jurisdiction to alter or amend the judgment. Environs Palm Beach v. Donovan, 361 So. 2d 718 (Fla.4th DCA 1978); Kitzmiller v. South [*36] east Services, Inc., 358 So. 2d 271 (Fla.3d DCA 1978). In this case, the motion could not be considered as one praying for relief from judgment because no ultimate facts were alleged to activate the pr…