MOGERMAN, O'LEARY & PATEL, INC., APPELLANT,
v.
MARCIA SHERWIN, APPELLEE
MOGERMAN, O'LEARY & PATEL, INC., APPELLANT,
MARCIA SHERWIN, APPELLEE
842 So. 2d 1056
Florida District Court of Appeal, Fourth District (2003)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The trial court dismissed appellant’s complaint due to defective service on the appellee. There is no transcript of the evidentiary hearing on the motion. We affirm the dismissal. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979).
After the dismissal and denial of appellant’s motion for rehearing, the court entered a second judgment on different grounds. Because the court’s jurisdiction terminated with the denial of rehearing, we vacate the second judgment. See Arleo v. Garcia, 695 So. 2d 862, 862 (Fla. 4th DCA 1997).
WARNER, SHAHOOD and TAYLOR, JJ., concur.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Arleo v. Garcia, 695 So. 2d 862 (Fla. 4th DCA 1997)