UNIVERSITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF CORAL GABLES, A CORPORATION ORGANIZED UNDER THE LAWS OF THE UNITED STATES OF AMERICA, PETITIONER,
v.
FRANK W. LIGHTBOURN AND DOROTHY V. LIGHTBOURN, HIS WIFE, AND MARTIN ALAN WINTERS, RESPONDENTS
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The appellate court determined it lacked jurisdiction to review an order denying a motion to vacate a default judgment, even though the default was erroneously entered, because the order also included a change of venue which divested the original court of jurisdiction.
The appellate court held that it lacked jurisdiction to review the order denying the motion to vacate the default judgment because the venue change divested the original court of jurisdiction, and the appellate court could not review an order from a court over which it had no jurisdiction.
The defendant sought to vacate a default judgment, but the trial court denied the motion while also granting a change of venue. The appellate court no…
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The circumstances under which the petitioner brings its petition for writ of cer-tiorari in this court are set forth in University Federal Savings and Loan Association of Coral Gables v. Lightbourn, Fla.App. 1967, 201 So.2d 568 [opinion filed April 20, 1967]. Having received the petition and heard argument thereon, we find that the writ should be issued and the order of September 21, 1966, denying defendant’s motion to reopen and vacate default is quashed insofar as it dealt with the issue of default. The reasons the default was erroneously entered are adequately set forth in University Federal Savings and Loan Association of Coral Gables v. Lightbourn, supra.
Certiorari granted and portions of the order quashed.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Univ. Fed. Sav. & Loan Ass'n OF Coral Gables v. Lightbourn, 201 So. 2d 568 (Fla. 4th DCA 1967)