Opinion
Case No. 4D00-83.
Opinion filed October 4, 2000. Rehearing denied November 16, 2000.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. Case No. 98-4263CACE(18).
Charles H. Damsel, Jr. of Charles H. Damsel, Jr., P.A., West Palm Beach, for appellant.
H.T. Maloney of Patterson, Maloney Maisel, Fort Lauderdale, for Appellee-John Mastrangelo.
This case comes before the court upon an appeal of the trial court's order granting summary judgment and the final judgment entered thereon. The issue presented by this appeal is the trial court's lack of jurisdiction over appellant, Emily Sandstrom.
Appellee, John Mastrangelo, has conceded that the trial court lacked jurisdiction over appellant. Based on appellee's concession, this case is remanded to the trial court with directions to enteran amended final judgment which dismisses appellant from the case and deletes any reference to appellant in the declaratory portion of the judgment. All other allegations of error raised by appellant's appeal are hereby mooted and need not be addressed.
This case is reversed and remanded with directions to enter an amended final judgment as set forth above.
WARNER, C.J., HAZOURI, J., and BARKDULL, THOMAS H., III, Associate Judge, concur.