Yoder v. Cooke Cadillac Company

Full title: MERRILL YODER, APPELLANT, v. COOKE CADILLAC COMPANY AND ALLEN J. TAYLOR…

Court: District Court of Appeal of Florida, Second District

Date published: Jan 15, 1986

481 So. 2d 1268 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-780.

January 15, 1986.

Appeal from the Circuit Court for Sarasota County; Richard Bailey, Judge.

Isidore Kirshenbaum, Sarasota, for appellant.

Claire L. Hamner of Dickinson, O'Riorden, Gibbons, Quale, Shields Carlton, P.A., Sarasota, for appellee Cooke Cadillac.

PER CURIAM.

Affirmed. The order awarding attorney's fees to appellee, Cooke Cadillac Company, was entered after appellant had filed his notice of appeal. We therefore do not reach that issue. See Wilson Realty, Inc. v. David, 369 So.2d 75 (Fla. 2d DCA 1979). Our opinion is without prejudice to appellant filing a motion under Florida Rule of Civil Procedure 1.540(b)(4), seeking to have the order declared void.

Affirmed.

GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.