Jozu Enterprises, Inc. v. Muller

Full title: JOZU ENTERPRISES, INC., APPELLANT, v. GUILLERMO MULLER, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 7, 1981

400 So. 2d 831 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-2276.

July 7, 1981.

Appeal from the Circuit Court, Dade County, John Gale, J.

Kaplan Rapoport, Miami, for appellant.

Steven R. Berger, Miami, for appellee.

Before SCHWARTZ, NESBITT and BASKIN, JJ.

PER CURIAM.

We reverse the order of the trial court denying defendant's motion for relief from judgment presented pursuant to Florida Rule of Civil Procedure 1.540(b)(4) on the ground that the judgment was void because it affirmatively appears that the allegations in the ad damnum clause were insufficient to confer jurisdiction on the circuit court to enter a judgment of possession. § 34.011(1), Fla. Stat. (1979); Williams v. Gund, 334 So.2d 314 (Fla.2d DCA 1976); Fla.R. Civ.P. 1.110(b)(1).