Verzura Constr. v. Ojito and Assoc

Full title: VERZURA CONSTRUCTION, INC., etc., Appellant, v. OJITO AND ASSOCIATES…

Court: District Court of Appeal of Florida, Third District

Date published: May 12, 2004

875 So. 2d 672 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-2346.

Opinion filed May 12, 2004.

An Appeal from the Circuit Court for Miami-Dade County, Marc Schumacher, Judge, Lower Tribunal No. 00-30581.

Kluger, Peretz, Kaplan Berlin, and Andrew P. Gold and Dianne O. Fischer, for appellant.

Daniels, Kashtan, Downs, Robertson Magathan, and Madelyn Simon Lozano, for appellees.

Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.

PER CURIAM.

As the appellee, Ojito and Associates, Inc. [OAI], properly concedes, the trial court lacked jurisdiction to rule on its motion for summary judgment where OAI had been dropped as a party. See Sas v. Postman, 687 So.2d 54 (Fla. 3d DCA 1997). Therefore, we reverse the order granting OAI's motion for summary judgment.

Reversed.

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