Citibank, N.A.v.Data Lease Fin. Corp.

District Court of Appeal of Florida, Fourth DistrictNov 26, 1985
478 So. 2d 76 (Fla. Dist. Ct. App. 1985)

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No. 84-2688.

October 16, 1985. Rehearing, Rehearing En Banc and Certification Denied November 26, 1985.

Appeal from a non-final order from the Circuit Court for Palm Beach County; Paul T. Douglas, Judge.

John H. Schulte and Gregory P. Borgognoni of Finley, Kumble, Wagner, Heine, Underberg, Manley Casey, Miami, for appellant Citibank.

Michael B. Davis of Davis, Critton, Hoy Diamond, West Palm Beach, for appellants Blackhawk Heating Plumbing Co., Inc. and Andrew Machata.

Sam Daniels of Daniels and Hicks, P.A., and Robert M. Sondak of Paul, Landy, Beiley Harper, P.A., Miami, for appellees.

Reversed. We reverse the order of the trial court setting aside the judgment entered on June 21, 1984, in compliance with this court's mandate in Blackhawk Heating Plumbing v. Data Lease Financial Corp., 446 So.2d 127 (Fla. 4th DCA 1983). We find neither a legal or factual basis in the record for vacating the final judgment entered pursuant to our mandate. We decline to comment further other than to point out that the lengthy judicial history of this case is outlined in our prior 1983 opinion. This cause is hereby remanded with directions that the June 21, 1984 judgment be reinstated.