City of Miami Beach v. Cummings, No. 70-1158

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore PEARSON and HENDRY, JJ., and SACK, MARTIN; PEARSON
Citation251 So.2d 715
PartiesCITY OF MIAMI BEACH, a municipal corporation, Appellant, v. A. J. CUMMINGS and Sadie Belk Cummings, his wife, et al., Appellees.
Decision Date13 July 1971
Docket NumberNo. 70-1158

Page 715

251 So.2d 715
CITY OF MIAMI BEACH, a municipal corporation, Appellant,
v.
A. J. CUMMINGS and Sadie Belk Cummings, his wife, et al., Appellees.
No. 70-1158.
District Court of Appeal of Florida, Third District.
July 13, 1971.
Rehearing Denied Sept. 15, 1971.

Page 716

Joseph A. Wanick, City Atty., for appellant.

Kelly, Black, Black & Kenny, Miami, for appellees.

Before PEARSON and HENDRY, JJ., and SACK, MARTIN, Associate Judge.

PEARSON, Judge.

This appeal by the City of Miami Beach presents a question as to the validity of a judgment against the City. Essentially the point raised is one of procedure. It arose in the following manner: (1) A judgment for attorney's fees supplemental to a proceeding in eminent domain was entered in favor of the appellees against the City. (2) The City appealed judgment without supersedeas bond. (3) The judgment was affirmed. (4) Appellees demanded interest on the judgment from the date of the judgment to the proposed payment thereof. (5) Appellant tendered the amount of the judgment and the payment was accepted. (6) Appellees filed in the completed eminent domain proceeding a motion 'to determine liability of petitioner for interest on judgment for attorney's fees and costs.' (7) The 'motion to determine' was heard over the objection of the City that the procedure was improper. (8) The trial judge entered an additional judgment in the cause for the amount of interest that he determined was due on the original judgment for attorney's fees.

We hold that the trial judge was without authority to enter a second judgment in the cause upon appellees' motion 'to determine liability.' After the appeal of a judgment and its affirmance by an appellate court, the trial court is without authority to take any further action in the cause other than to carry out the mandate of the appellate court. Berger v. Leposky, Fla.1958, 103 So.2d 628; Klein v. Newburger, Loeb & Co., Fla.App.1963, 153 So.2d 344; King v. L & L Investors, Inc., Fla.App.1962, 136 So.2d 671. It may not amend such a judgment. 1 Eisenburg v. Cornblum, 156 Fla. 702, 24 So.2d 236 (1945).

As pointed out by the appellees, the court always has jurisdiction to supervise the enforcement of its own judgments. Cf. Superior Uniforms, Inc. v. Brown, Fla.App.1969,

Page 717

221 So.2d 214. This power is limited to lawful means of enforcement and upon a common law judgment the lawful method is execution and proceedings supplemental to execution. In the case of a...

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6 practice notes
  • Scharf v. Smith, No. 86-638
    • United States
    • Florida District Court of Appeals
    • 16 Diciembre 1986
    ...ground for relief under Fla.R.Civ.P. 1.540 was required. See Hoover v. Scott, 44 So.2d 657 (Fla.1950); City of Miami Beach v. Cummings, 251 So.2d 715 (Fla. 3d DCA 1971), cert. discharged, 263 So.2d 571 (Fla.1972). The application, like the 1982 order it sought to amend, 3 was instead merely......
  • Buckley Towers Condominium, Inc. v. Buchwald, No. 75--201
    • United States
    • Court of Appeal of Florida (US)
    • 7 Octubre 1975
    ...See Dade County, et al. v. Richter's Jewelry Co., Inc., Fla.App.1969, 223 So.2d 375; City of Miami Beach v. Cummings, Fla.App.1971, 251 So.2d 715 and Hopwood, et al. v. Revitz, et al., Fla.App.1975, 312 So.2d 516 and cases cited therein. Moreover, we find the motion for order requiring appe......
  • Sands v. Granoff, No. 86-2591
    • United States
    • Court of Appeal of Florida (US)
    • 16 Junio 1987
    ...what it did in the order under review. See Scharf v. Smith, 498 So.2d 686, 687 (Fla. 3d DCA 1986); City of Miami Beach v. Cummings, 251 So.2d 715, 716-17 (Fla. 3d DCA 1971), cert. discharged, 263 So.2d 571 (Fla.1972); Superior Uniforms, Inc. v. Brown, 221 So.2d 214, 215 (Fla. 3d DCA We have......
  • Fairfax Broadcasting Co. v. Florida Airmotive, Inc., No. 71--20
    • United States
    • Court of Appeal of Florida (US)
    • 5 Octubre 1971
    ...action in the cause other than to carry out the mandate of the appellate court. E.g., City of Miami Beach v. Cummings, Fla.App.1971, 251 So.2d 715. On appeal and affirmance the judgment entered by the trial court becomes the judgment of the appellate court, and therefore the trial court is ......
  • Request a trial to view additional results
6 cases
  • Scharf v. Smith, No. 86-638
    • United States
    • Florida District Court of Appeals
    • 16 Diciembre 1986
    ...ground for relief under Fla.R.Civ.P. 1.540 was required. See Hoover v. Scott, 44 So.2d 657 (Fla.1950); City of Miami Beach v. Cummings, 251 So.2d 715 (Fla. 3d DCA 1971), cert. discharged, 263 So.2d 571 (Fla.1972). The application, like the 1982 order it sought to amend, 3 was instead merely......
  • Buckley Towers Condominium, Inc. v. Buchwald, No. 75--201
    • United States
    • Court of Appeal of Florida (US)
    • 7 Octubre 1975
    ...See Dade County, et al. v. Richter's Jewelry Co., Inc., Fla.App.1969, 223 So.2d 375; City of Miami Beach v. Cummings, Fla.App.1971, 251 So.2d 715 and Hopwood, et al. v. Revitz, et al., Fla.App.1975, 312 So.2d 516 and cases cited therein. Moreover, we find the motion for order requiring appe......
  • Sands v. Granoff, No. 86-2591
    • United States
    • Court of Appeal of Florida (US)
    • 16 Junio 1987
    ...what it did in the order under review. See Scharf v. Smith, 498 So.2d 686, 687 (Fla. 3d DCA 1986); City of Miami Beach v. Cummings, 251 So.2d 715, 716-17 (Fla. 3d DCA 1971), cert. discharged, 263 So.2d 571 (Fla.1972); Superior Uniforms, Inc. v. Brown, 221 So.2d 214, 215 (Fla. 3d DCA We have......
  • Fairfax Broadcasting Co. v. Florida Airmotive, Inc., No. 71--20
    • United States
    • Court of Appeal of Florida (US)
    • 5 Octubre 1971
    ...action in the cause other than to carry out the mandate of the appellate court. E.g., City of Miami Beach v. Cummings, Fla.App.1971, 251 So.2d 715. On appeal and affirmance the judgment entered by the trial court becomes the judgment of the appellate court, and therefore the trial court is ......
  • Request a trial to view additional results

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