Opinion
No. 4D08-111.
May 21, 2008.
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Charles E. Burton, Judge; Case No. 501994DR003979XXDIF.
Robert J. Hauser of Beasley Hauser Kramer Leonard Galardi, P.A., West Palm Beach, for appellant.
Stephen Rakusin of The Rakusin Law Firm, Fort Lauderdale, for appellee.
We reverse the final judgment as it was entered while a non-final appeal was pending. See Fla.R.App.P. 9.130(f). In addition, we note that the underlying order upon which the final judgment was based has been reversed and thus would require relief from the final judgment in any event. See Fla.R.Civ.P. 1.540(b)(5).
WARNER, POLEN and TAYLOR, JJ., concur.