Wood v. Manatee Bay Corp., No. 79-2072
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | OTT |
| Citation | 386 So.2d 320 |
| Parties | Robert E. WOOD and Diane Bass Wood, Appellants, v. MANATEE BAY CORPORATION, Appellee. |
| Docket Number | No. 79-2072 |
| Decision Date | 06 August 1980 |
Page 320
v.
MANATEE BAY CORPORATION, Appellee.
Page 321
R. Justin Marshall, Palmetto, for appellants.
James M. Wallace, St. Petersburg, for appellee.
OTT, Acting Chief Judge.
Following the remand of this case after an unsuccessful earlier appeal by Manatee, the trial court purported to enter a "Supplemental Final Judgment" in favor of Manatee. The action of the court was a nullity because it had no jurisdiction to make such an award. Consequently, we vacate the void supplemental judgment.
In 1977 the Woods filed suit to quiet title to their home. Specifically, they asked the court to declare that a $2,900 note, which they executed in favor of Manatee in 1961, together with the mortgage securing it, were invalid and unenforceable. Manatee counterclaimed, claiming default in the note on the ground that no payments had been made since 1962, and seeking foreclosure of the mortgage. In response to that counterclaim, the Woods raised the statute of limitations and other affirmative defenses.
On August 16, 1978 the trial court entered a final judgment purporting to adjudicate all matters in dispute. The action to quiet title was treated as a suit to cancel the debt and was granted. The mortgage was cancelled and Manatee's counterclaim was dismissed with prejudice. Manatee appealed and this court affirmed the judgment in an opinion filed May 18, 1978, which stated in part:
The final judgment is ambiguous as to whether it purports to cancel the debt evidenced by a promissory note which underlies the mortgage. We construe the judgment to mean that the underlying debt between the parties is not affected. The judgment is affirmed as construed.
Manatee Bay Corporation v. Wood, 371 So.2d 197, 198 (Fla. 2d DCA 1979).
The mandate of this court, dated June 7, 1979, returned the case to the trial court, but was withdrawn on August 1, 1979 when the Woods petitioned for rehearing and clarification and established that they had not been served with the mandate. Their petition was denied September 17, 1979 and we issued a new mandate on October 3, 1979.
In the meantime, on May 31, 1979, Manatee filed in the trial court a motion for the entry of a "Supplemental Final Judgment." The basis for the motion was an assertion that the opinion of this court was "a mandate" for judgment in Manatee's favor on the promissory note. The trial court agreed and on June 4, 1979 entered the supplemental
Page 322
final judgment, "nunc pro tunc August 14 (sic), 1978," awarding Manatee a judgment against the Woods for some $10,000....
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National Educ. Centers, Inc. v. Kirkland, Nos. 94-1837
...cost award. A trial court may not amend or change a final judgment that has been affirmed by this court. See Wood v. Manatee Bay Corp., 386 So.2d 320 (Fla.2d DCA 1980). A trial court may enter a supplemental judgment, but only if it is consistent with the prior final judgment and the opinio......
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Gustafson v. Jensen, Nos. 88-1266
...v. Department of Revenue, 452 So.2d 550 (Fla.1984); Milton v. Keith, 503 So.2d 1312 (Fla. 3d DCA 1987); Wood v. Manatee Bay Corporation, 386 So.2d 320 (Fla. 2d DCA 1980). Therefore the trial court erred in substituting its judgment for the judgment of this court. NESBITT, J., concurs. BASKI......
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Franks v. Franks, No. 84-2292
...to amend or modify the order, affirmed by this court, and grant some new, different or further relief. See Wood v. Manatee Bay Corp., 386 So.2d 320 (Fla. 2d DCA 1980). Therefore, the order rendered on July 12, 1984 purporting to award the appellant's interest in the property to the appellee......
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Lurie v. Auto-Owners Ins. Co., AUTO-OWNERS
...juror interview to the trial court after issuance of mandate would also appear to require leave of this court. Wood v. Manatee Bay Corp., 386 So.2d 320 (Fla. 2d DCA...
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National Educ. Centers, Inc. v. Kirkland, Nos. 94-1837
...cost award. A trial court may not amend or change a final judgment that has been affirmed by this court. See Wood v. Manatee Bay Corp., 386 So.2d 320 (Fla.2d DCA 1980). A trial court may enter a supplemental judgment, but only if it is consistent with the prior final judgment and the opinio......
-
Gustafson v. Jensen, Nos. 88-1266
...v. Department of Revenue, 452 So.2d 550 (Fla.1984); Milton v. Keith, 503 So.2d 1312 (Fla. 3d DCA 1987); Wood v. Manatee Bay Corporation, 386 So.2d 320 (Fla. 2d DCA 1980). Therefore the trial court erred in substituting its judgment for the judgment of this court. NESBITT, J., concurs. BASKI......
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Franks v. Franks, No. 84-2292
...to amend or modify the order, affirmed by this court, and grant some new, different or further relief. See Wood v. Manatee Bay Corp., 386 So.2d 320 (Fla. 2d DCA 1980). Therefore, the order rendered on July 12, 1984 purporting to award the appellant's interest in the property to the appellee......
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Lurie v. Auto-Owners Ins. Co., AUTO-OWNERS
...juror interview to the trial court after issuance of mandate would also appear to require leave of this court. Wood v. Manatee Bay Corp., 386 So.2d 320 (Fla. 2d DCA...