Third District Court of Appeal
State of Florida
Opinion filed October 14, 2015.
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No. 3D15-1487
Lower Tribunal No. 11-16169
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Rebecca P. Sanchez,
Petitioner,
vs.
Fannie Mae, etc., et. al.,
Respondents.
A Case of Original Jurisdiction – Prohibition.
Billbrough & Marks, P.A., G. Bart Billbrough and Geoffrey B. Marks; J.P.
Gonzalez-Sirgo, for petitioner.
Choice Legal Group, P.A., and Wm. David Newman, Jr. (Fort Lauderdale),
for respondents.
Before LAGOA, EMAS and FERNANDEZ, JJ.
FERNANDEZ, J.
ON CONCESSION OF ERROR
Rebecca P. Sanchez petitions this Court for a writ of prohibition arguing that
the trial court acted in excess of its jurisdiction when it dismissed the cause for
failure to prosecute and, after the time allowed for revisiting the order of dismissal,
reopened and reinstated the case.
Fannie Mae concedes that the trial court lacked jurisdiction to rehear and
vacate the dismissal order because the trial court lost its jurisdiction over the action
except to enforce the judgment. We therefore grant the petition and quash the
order that vacated the dismissal. We decline to address any issues that may be
before the trial court on whether attorney’s fees should be granted or any other
matters presently pending before the trial court.
Petition granted, order quashed.
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