KEE v. BAILEY

Full title: THOMAS B. KEE, APPELLANT, v. F. LEE BAILEY, ET AL., APPELLEES

Court: District Court of Appeal of Florida, Third District

Date published: May 10, 1994

634 So. 2d 654 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-2198.

January 25, 1994. Rehearing Denied May 10, 1994.

Appeal from the Circuit Court, Dade County, James C. Henderson, J.

Thomas B. Kee, in pro. per.

Kubicki, Draper Gallagher, and David B. Pakula, Miami, for appellee Bailey, Gersten, P.A.

Carusello Hunnefeld, P.A., and Henry J. Hunnefeld, Coral Gables, for appellees Kenneth J. Carusello, Henry J. Hunnefeld, and Carusello Hunnefeld, P.A.

Robert D. Hertzberg, P.A., and Robert D. Hertzberg, Miami, for appellees Robert D. Hertzberg, Norman Malinski, and Hertzberg Malinski, P.A.

Greenberg, Traurig, Hoffman, Lipoff, Rosen Quentel, and Barry Richard, Tallahassee, for appellees The Florida Bar and Warren J. Stamm.

Before NESBITT, COPE and LEVY, JJ.

PER CURIAM.

Thomas Kee appeals a final order dismissing his second amended complaint with prejudice. We affirm. Rogers v. State, 630 So.2d 513 (Fla. 1993); DeWitt v. Rossi, 559 So.2d 659 (Fla. 5th DCA 1990).

The Florida Supreme Court has clearly stated that a party abandons previously filed post-judgment motions when he files a notice of appeal of that judgment. In re Forfeiture of $104,591 in U.S. Currency, 589 So.2d 283, 285 (Fla. 1991); First Union Nat'l Bank of Florida v. Yost, 622 So.2d 111, 113 (Fla. 1st DCA 1993).

The Florida Bar and its employees act as an official arm of the Florida Supreme Court and in such capacity enjoy absolute immunity for actions taken within the scope of their duties. Mueller v. The Florida Bar, 390 So.2d 449 (Fla. 4th DCA 1980).

Affirmed.