LEISURE RESORTS, INC., A DELAWARE CORPORATION, PETITIONER,
v.
THE CITY OF WEST PALM BEACH, A FLORIDA MUNICIPAL CORPORATION, RESPONDENT
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PER CURIAM.
We grant Leisure Resort’s petition for writ of mandamus upon concluding that the trial court has not lost jurisdiction to proceed with Leisure Resort’s lawsuit against the City of West Palm Beach. The fact that this case was consolidated in the trial court with City of West Palm Beach v. Board of Trustees of the Internal Improvement Trust Fund, 714 So. 2d 1060 (Fla. 4th DCA 1998), which is now pending in the Florida Supreme Court, does not deprive the trial court of jurisdiction to proceed with this case. The petition for writ of mandamus is granted. Miseveth v. Stafford, 667 So. 2d 1012 (Fla. 4th DCA 1996)(mandamus is the proper remedy to test the correctness of a trial court’s determination that it has no jurisdiction). This does not preclude the trial court from staying the case if that would serve judicial economy, pending the outcome of the appeal.
KLEIN, POLEN and TAYLOR, JJ., concur.
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Wight v. G. Leonard Gioia, M.D., 862 So. 2d 955 (Fla. 5th DCA 2004)…f the appellants’ motion to set aside final judgment filed pursuant to Rule 1.540, Florida Rules of Civil Procedure, and that it was error to decline to hear the motion on jurisdictional grounds. See Leisure Resorts, Inc. v. City of West Palm Beach, 736 So. 2d 1278 (Fla. 4th DCA 1999). Ruling on the motion would not impinge on or interfere with our consideration of the other final judgment rendered by the trial court, which is the subject of the appeal in Rivard v. Gioia, Case No. 5D02-3112. On remand, therefo…
Authorities Cited
- City OF W. Palm Beach v. Bd. OF Trs. OF THE Internal Improvement Tr. Fund, 714 So. 2d 1060 (Fla. 4th DCA 1998)
- Miseveth v. The Honorable Leonard L. Stafford, 667 So. 2d 1012 (Fla. 4th DCA 1996)