Libasci v. Chrysler First Financial Services Corp. of Florida, Inc., 88-2561

• Decision Date: 29 November 1988
• Docket Number: No. 88-2561,88-2561
• Citation: 13 Fla. L. Weekly 2595,534 So.2d 820
• Parties: 13 Fla. L. Weekly 2595 Peter LIBASCI and Andrea Libasci, Appellants, v. CHRYSLER FIRST FINANCIAL SERVICES CORP. OF FLORIDA, INC., Appellee.
• Court: Florida District Court of Appeals

Page 820

534 So.2d 820

13 Fla. L. Weekly 2595

Peter LIBASCI and Andrea Libasci, Appellants, v. CHRYSLER FIRST FINANCIAL SERVICES CORP. OF FLORIDA, INC., Appellee.

No. 88-2561.

District Court of Appeal of Florida, Third District.

Nov. 29, 1988.

Alec Joseph Ross, North Miami Beach, for appellants.

Fenster & Faerber and Betty Anne Beavers, Plantation, Klein & Beranek and Jane Kreusler-Walsh, West Palm Beach, for appellee.

Before HUBBART, NESBITT, and FERGUSON, JJ.

PER CURIAM.

The defendants in a mortgage foreclosure proceeding appeal an order reinstating the action despite an earlier order of the court dismissing the action without prejudice. We reverse.

When the defendants fell into foreclosure, this action was commenced where it proceeded to final judgment of foreclosure. The defendants then satisfied required past due payments, fees, and costs due to the plaintiff in foreclosure following which they applied for a voluntary dismissal. The court confirmed an order dismissing the action without prejudice. When the defendants a few months later again became delinquent in payments, the plaintiffs rather than proceed with the institution of a new action, ex parte requested the trial court to vacate the prior order of dismissal. The defendants appeal from the entry of that order. Upon inspection of the record and the plaintiff's confession of error, we agree that the trial court lacked jurisdiction to vacate the dismissal after the previous order of dismissal without prejudice culminated into finality. Derma Lift Salon, Inc. v. Swanko, 419 So.2d 1180 (Fla. 3d DCA 1982).

REVERSED AND REMANDED.