From Casetext: Smarter Legal Research

Edwards v. Jerome M. Novey

District Court of Appeal of Florida, First District
Jul 5, 1994
638 So. 2d 623 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1029.

July 5, 1994.

An appeal from the Circuit Court for Leon County; L. Ralph Smith, Jr., Judge.

John A. Barley and Thomas I. Mayton, Jr. of John A. Barley Associates, P.A., Tallahassee, for appellant.

Jerome M. Novey and Kristin Adamson of Novey Mendelson, Tallahassee, for appellee.


This appeal is taken from a final judgment and lien rendered subsequent to the entry of a default against appellant, defendant below. Appellant contends, among other things, that the circuit court lacked subject matter jurisdiction to consider appellee's complaint to impose a charging lien. We find our decision in Spradley v. Doe, 612 So.2d 722 (Fla. 1st DCA 1993) to be controlling and conclude that the circuit court was without jurisdiction to enter the default and final judgment. Accordingly, we vacate the default and final judgment, and remand for entry of an order transferring the cause to county court. Since the jurisdictional issue is dispositive, we need not consider the remaining issues raised by appellant.

REVERSED and REMANDED with directions.

BOOTH and BENTON, JJ., concur.


Summaries of

Edwards v. Jerome M. Novey

District Court of Appeal of Florida, First District
Jul 5, 1994
638 So. 2d 623 (Fla. Dist. Ct. App. 1994)
Case details for

Edwards v. Jerome M. Novey

Case Details

Full title:MARIA EDWARDS, APPELLANT, v. JEROME M. NOVEY, P.A. D/B/A NOVEY MENDELSON…

Court:District Court of Appeal of Florida, First District

Date published: Jul 5, 1994

Citations

638 So. 2d 623 (Fla. Dist. Ct. App. 1994)