ATM LIMITED AND ALI MARABIK MOHAMED, APPELLANTS,
v.
CAPORICCI FOOTWEAR LTD., CORPORATION, APPELLEE
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ATM Limited and Ali Marabik Mohamed appealed a bench trial judgment on jurisdictional grounds. The court held that the judgment against ATM Limited was void because it was never made a party to the action, but the judgment against Mohamed was affirmed because a conditional dismissal order did not divest the trial court of jurisdiction to enter final judgment.
The court held that the judgment against ATM Limited was void and must be set aside because it was never made a party to the action. However, the conditional dismissal order was not a final order and therefore did not divest the trial court of jurisdiction; consequently, the judgment against Mohamed was valid and affirmed.
[1] A judgment against a party not named in the action is void.
[2] A trial court loses jurisdiction to render any judgment after the final dismissal of a claim or complaint.
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Join FLexlaw to unlock all legal intelligence“the judgment against ATM Limited is void and must be set aside because it was never made a party to the action below”
Establishes that a judgment cannot be entered against a party who was never made a party to the action
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Join FLexlaw to unlock all legal intelligenceThe trial court entered an order of dismissal under Florida Rule of Civil Procedure 1.070(j) that stated the cause would stand dismissed unless the pa…
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SCHWARTZ, Chief Judge.
ATM Limited and Ali Marabik Mohamed appeal, on purely jurisdictional grounds, from a judgment entered against them after a bench trial.
First, we agree that the judgment against ATM Limited is void and must be set aside because it was never made a party to the action below. Norville v. BellSouth Advertising & Pub. Corp., 664 So. 2d 16 (Fla. 3d DCA 1995), review denied, 675 So. 2d 119 (Fla.1996).
We do not, however, agree with the contention that the judgment is infirm on the ground that the trial court lost jurisdiction over the cause as a whole when it entered an order of dismissal pursuant to Florida Rule of Civil Procedure 1.070(j) some two years before the judgment. It is true that, after the final dismissal of a claim or complaint, either with or without prejudice, the trial court is without further “case jurisdiction” and cannot render a judgment of any kind in the case. See Capital Bank v. Knuck, 537 So. 2d 697 (Fla. 3d DCA 1989); Derma Lift Salon, Inc. v. Swanko, 419 So. 2d 1180 (Fla. 3d DCA 1982); 1 Fla. Jur.2d Actions § 220 (1997). This rule does not apply here, however because the cited order, which states that the cause “shall stand dismissed” in the absence of an appropriate “motion showing good cause” why “service was not effectuated”1 is not a final order under this doctrine. See United Water Fla., Inc. v. Florida Pub. Serv. Comm’n, 728 So. 2d 1250 (Fla. 1st DCA 1999)(hold-ing that order which purported to become final on a certain future date in the absence of a petition for a formal hearing was not a final order); Department of Transp. v. Post, Buckley, Schuh & Jemi-gan, 557 So. 2d 145 (Fla. 1st DCA 1990)(holding that order, which purported to dismiss cause for failure to prosecute subject to reinstatement for good cause shown by motion, was not final order dismissing the case). See Newman v. Newman, 858 So. 2d 1273 (Fla. 1st DCA 2003). See generally, Edward L. Nezelek, Inc. v. Sunbeam Television Corp., 413 So. 2d 51 (Fla. 3d DCA 1982), review denied, 424 So. 2d 763 (Fla.1982). Because the court therefore retained jurisdiction to enter the final judgment on appeal, as against Mohamed, the judgment is affirmed.
Affirmed in part, reversed in part.
. The order provided:
ORDER OF DISMISSAL
"[I]n accordance with Florida Rules of Civil Procedure, Rule 1.070(j), this cause is DISMISSED WITHOUT PREJUDICE, with leave to show good cause why service was not effectuated. Any motion showing good cause must be made and scheduled for hearing on this Court's Motion Calendar within 30 days from the date of this Order, otherwise this cause shall stand dismissed. [e.s.]”
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14302 Marina SAN Pablo Place SPE, LLC v. Vcp-San Pablo, Ltd., 92 So. 3d 320 (Fla. 1st DCA 2012)…this precedent, I concur in the result of the majority opinion. BENTON, C.J., ROWE, J., concur, and RAY, J., concurs with Opinion. . E.g., Paulucci, 842 So. 2d at 801 n. 3; T.D., 747 So. 2d at 457 n. 2; ATM Ltd. v. Caporicci Footwear Ltd., Corp., 867 So. 2d 413, 413 (Fla. 3d DCA 2003); Tobkin v. State, 777 So. 2d 1160, 1163 (Fla. 4th DCA 2001). . In Florida’s Third Species of Jurisdiction, 82 Fla. Bar J. 11, 13 (March 2008), Judge Scott Stephens explains "procedural jurisdiction” as follows: Procedural j…
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Connor v. State, 944 So. 2d 488 (Fla. 5th DCA 2006)…o not consider as final an order, such as the oral ruling in the instant case, which purports to become final at a later date without further judicial action. See Hancock v. Piper, 186 So. 2d 489 (Fla.1966); ATM Ltd. v. Caponed Footwear Ltd., Corp., 867 So. 2d 413 (Fla. 3d DCA 2003); United Water Fla., Inc. v. Fla. Pub. Serv. Comm’n, 728 So. 2d 1250, 1251 (Fla. 1st DCA 1999); Dep’t of Transp. v. Post, Buckley, Schuh & Jernigan, 557 So. 2d 145 (Fla. 1st DCA 1990); Epley v. Washington County, 358 So. 2d 592, 59…
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Fisher Island Holdings, L.L.C. v. Potash, 867 So. 2d 450 (Fla. 3d DCA 2004)…s was obtained by judicial process, and Holdings did not voluntarily appear in the pending litigation by seeking any affirmative relief. Therefore, it was inappropriate to enter the order under review. See ATM Ltd. v. Caporicci Footwear Ltd., Corp., 867 So. 2d 413, 2003 WL 22900630 (Fla. 3d DCA December 10, 2003); Norville v. BellSouth Advertising & Pub. Corp., 664 So. 2d 16 (Fla. 3d DCA 1995); Moretto v. Staub, 370 So. 2d 1220 (Fla. 3d DCA 1979). This matter is returned to the trial court, which may consid…
Authorities Cited
- Edward L. Nezelek, Inc. v. Sunbeam Television Corp., 413 So. 2d 51 (Fla. 3d DCA 1982)
- Derma Lift Salon, Inc. v. Honorable Edward Swanko, 419 So. 2d 1180 (Fla. 3d DCA 1982)
- Cap. Bank v. The Honorable Francis X. Knuck, 537 So. 2d 697 (Fla. 3d DCA 1989)
- United Water Fla., Inc. v. Fla. Pub. Serv. Comm'n, 728 So. 2d 1250 (Fla. 1st DCA 1999)
- Milton A. Norville, PH.D. v. Bellsouth Advertising & Publ'g Corp., 664 So. 2d 16 (Fla. 3d DCA 1995)
- Dep't OF Transp. v. Post, 557 So. 2d 145 (Fla. 1st DCA 1990)
- Newman v. Newman, 858 So. 2d 1273 (Fla. 1st DCA 2003)
- Williams v. State, 858 So. 2d 1273 (Fla. 3d DCA 2003)