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Doane v. Rapp

District Court of Appeal of Florida, Third District
Aug 14, 1984
453 So. 2d 1197 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-43.

August 14, 1984.

Appeal from the Circuit Court for Dade County, Rhea Pincus Grossman, J.

Joseph S. Paglino, Miami, for appellant.

Rubinstein Kornik and Roxanne Lancella, Miami, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.


The order under review setting aside a final judgment entered by a predecessor judge is vacated because the successor judge who granted that relief did not have authority to do so under the rule set forth in Groover v. Walker, 88 So.2d 312 (Fla. 1956). Accord, e.g., Boeing Co. v. Merchant, 397 So.2d 399 (Fla. 5th DCA 1981), pet. for review denied, 412 So.2d 468 (Fla. 1982); Better Construction, Inc. v. Camacho Enterprises, Inc., 311 So.2d 766 (Fla. 3d DCA 1975), cert. denied, 325 So.2d 8 (Fla. 1975). The cause is remanded for consideration of the appellees' timely post-judgment motions by the predecessor judge who entered the final judgment in question.


Summaries of

Doane v. Rapp

District Court of Appeal of Florida, Third District
Aug 14, 1984
453 So. 2d 1197 (Fla. Dist. Ct. App. 1984)
Case details for

Doane v. Rapp

Case Details

Full title:TRACY DOANE, APPELLANT, v. MICHAEL RAPP AND JANET L. SWIFT, APPELLEES

Court:District Court of Appeal of Florida, Third District

Date published: Aug 14, 1984

Citations

453 So. 2d 1197 (Fla. Dist. Ct. App. 1984)

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