Opinion
No. 89-1362.
July 11, 1990.
Appeal from the Circuit Court for Palm Beach County; Vaughn Joseph Rudnick, Judge.
Jeff M. Brown of Lavalle, Wochna, Raymond Rutherford, P.A., Boca Raton, for appellant, Gemaire Distributors, Inc.
John J. Grundhauser and Jonna L. Stukel of Mershon, Sawyer, Johnston, Dunwody Cole, Miami, for appellees, Alan Vernon and Melinda Vernon, as Co-Personal Representatives of the Estate of Harold Vernon, Deceased.
Richard C. Wolfe of Richard Charles Wolfe, P.A., Miami, for appellee, Ted Vernon, as Co-Personal Representative of the Estate of Harold Vernon, Deceased.
We dismiss on the authority of Skaf v. Skaf, 491 So.2d 1265 (Fla. 4th DCA 1986).
DISMISSED.
HERSEY, C.J., and GUNTHER, J., concur.
POLEN, J., concurs specially with opinion.
I concur in the result reached by the majority; however, I believe they reached this result for the wrong reason. Although there is a question whether Skaf v. Skaf, 491 So.2d 1265 (Fla. 4th DCA 1986), would even apply to this case, we don't have to get that far. The trial court struck appellants' claims against the estate as untimely on March 23, 1987. No appeal nor motion for rehearing was filed then. Appellants entered into a stipulation with appellees two months later, which contained a covenant not to sue until on or after February 2, 1989. However, the trial court had already lost jurisdiction, and Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988), decided April 19, 1988, could not breathe new life into it. I would dismiss the appeal for lack of jurisdiction.