Morroni v. Peeples

Full title: F. ANNETTE MORRONI, Appellant, v. MARSHALL A. PEEPLES, Trustee of Corlico…

Court: District Court of Appeal of Florida, Second District

Date published: Mar 12, 2004

868 So. 2d 630 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 2D03-2532.

Opinion filed March 12, 2004.

Appeal from the Circuit Court for Lee County, Ted H. Brousseau, Judge.

Ralph P. Richard of Law Office of Ralph P. Richard, Fort Myers, for Appellant.

W. Gus Belcher, II, of Nuckolls, Johnson Belcher, P.A., Fort Myers, for Appellee.

VILLANTI, Judge.

F. Annette Morroni appeals from the final judgment purporting to dismiss her action against Marshall A. Peeples, as Trustee of the Corlico Property Land Trust 3 and 3B, with prejudice. Peeples concedes that the trial court was without jurisdiction to enter the final judgment. See Fleet Servs. Corp. v. Reise, 775 So.2d 383, 384 (Fla. 2d DCA 2000); Ambory v. Ambory, 442 So.2d 1087, 1987-88 (Fla. 2d DCA 1983). Accordingly, we vacate the purported final judgment.

Reversed.

CASANUEVA and DAVIS, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.