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Southland Waste Systems v. Kersey

District Court of Appeal of Florida, First District
Apr 3, 2003
841 So. 2d 620 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 1D01-3826.

Opinion filed April 3, 2003.

An appeal from the Circuit Court for Clay County. McCarthy Crenshaw, Jr., Judge.

Richard A. Sherman of Richard A. Sherman, P.A., Fort Lauderdale; Peter A. Diamond and Dale R. Hightower of Hightower, Rudd, Weiser, Acosta, P.A., Miami, for Appellant.

John Beranek of Ausley McMullen, Tallahassee; Robert P. Eshelman and Daniel C. Shaughnessy of Robert P. Eshelman, P.A., Jacksonville, for Appellees.


Because it is apparent from the record that the trial court was of the opinion that appellant's motion for remittitur had not been timely served, as required by Florida Rule of Civil Procedure 1.530(b), and because that finding is supported by competent substantial evidence, the trial court lacked jurisdiction to rule on that motion. See Fire Cas. Ins. Co. of Conn. v. Sealey, 810 So.2d 988, 991 (Fla. 1st DCA) (noting that "[a] motion for remittitur is essentially a conditional motion for a new trial"), review denied, 828 So.2d 385 (Fla. 2002); Fla. R.Civ.P. 1.090(b) (stating that a trial court "may not extend the time for making a motion for new trial"); Pruitt v. Brock, 437 So.2d 768, 772 (Fla. 1st DCA 1983) (stating that a trial court loses jurisdiction over a case upon expiration of the time for serving a motion for new trial or rehearing unless such a motion has been timely served). Accordingly, we affirm the trial court's denial of that motion without addressing its merit.

AFFIRMED.

WEBSTER, PADOVANO and HAWKES, JJ., CONCUR.


Summaries of

Southland Waste Systems v. Kersey

District Court of Appeal of Florida, First District
Apr 3, 2003
841 So. 2d 620 (Fla. Dist. Ct. App. 2003)
Case details for

Southland Waste Systems v. Kersey

Case Details

Full title:SOUTHLAND WASTE SYSTEMS, INC., a foreign corporation, Appellant, v. JACK…

Court:District Court of Appeal of Florida, First District

Date published: Apr 3, 2003

Citations

841 So. 2d 620 (Fla. Dist. Ct. App. 2003)