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Mainlands Sec. Three v. Desylvestri

District Court of Appeal of Florida, Fourth District
Apr 30, 1986
487 So. 2d 409 (Fla. Dist. Ct. App. 1986)

Opinion

No. 4-86-0434.

April 30, 1986.

On Petition for Writ of Prohibition from the Circuit Court, for Broward County; H. Mark Purdy, Judge.

J. Philip Landsman, of Fine, Jacobson, Schwartz, Nash, Block England, P.A., Fort Lauderdale, for petitioner.

No appearance for respondents.


We grant the petition for writ of prohibition and quash the order dated January 30, 1986, which order stayed execution and sale pursuant to a final judgment of foreclosure, and which order further provided for a rehearing on the issue of attorney's fees. We do this because the trial court lacked jurisdiction to enter the order. Shelby Mutual Ins. v. Pearson, 236 So.2d 1 (Fla. 1970); St. Cloud Utilities v. Moore, 410 So.2d 973 (Fla. 5th DCA 1982); and Town of Palm Beach v. State ex rel. Steinhardt, 321 So.2d 567 (Fla. 4th DCA 1975).

Granted.

HERSEY, C.J., and WALDEN and GUNTHER, JJ., concur.


Summaries of

Mainlands Sec. Three v. Desylvestri

District Court of Appeal of Florida, Fourth District
Apr 30, 1986
487 So. 2d 409 (Fla. Dist. Ct. App. 1986)
Case details for

Mainlands Sec. Three v. Desylvestri

Case Details

Full title:MAINLANDS SECTION THREE ASSOCIATION, INC., PETITIONER, v. RUPERT…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 30, 1986

Citations

487 So. 2d 409 (Fla. Dist. Ct. App. 1986)