MATTHEW L. HIRSCHHORN AND DEBORAH L. HIRSCHHORN, APPELLANTS,
v.
AVONDALE FUNDING.COM, CLERK OF THE COURT OF THE 17TH JUDICIAL CIRCUIT, AND NEW SOUTH FEDERAL SAVINGS BANK, APPELLEES

Fla. 4th DCA | 2006-08-02
No. 4D05-4028
WARNER, KLEIN and GROSS, JJ., concur.
933 So. 2d 1290 Florida District Court of Appeal, Fourth District (2006)

Opinion of the Court
PER CURIAM.

On Motion fob Rehearing

PER CURIAM.

We grant rehearing, withdraw our previously issued opinion and substitute the following in its place.

Affirmed. The appellants make a post-judgment challenge based on the judge’s recusal upon the appellants’ request after the final judgment was entered. At most, the previously entered judgment was merely voidable and not void. Schlesinger v. Chemical Bank, 707 So. 2d 868 (Fla. 4th DCA 1998); Murphy v. State, 627 So. 2d 51 (Fla. 3d DCA 1993); Barber v. MacKenzie, 562 So. 2d 755 (Fla. 3d DCA 1990). Appellants had to move for reconsideration of the already entered final judgment, which they did not. See Murphy. A subsequent challenge based upon the voidness of the judgment is of no avail.

WARNER, KLEIN and GROSS, JJ., concur.


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