State Florida Ex Rel. Eduardo Cantera v. District Court Appeal Book Reviews

State Florida Ex Rel. Eduardo Cantera v. District Court Appeal by Supreme Court of Florida Book Summary

Eduardo Cantera filed thispetition for writ of prohibition seeking to prevent the Third District Court of Appeal from considering
an appeal from a judgment he obtained against the Boatsmen's National Bank of St. Louis, formerly known as Centerre Bank,
N.A. Pursuant to article V, section 3(b)(7), of the Florida Constitution, this Court may entertain by prohibition any case
pending in a district court of appeal when it appears that that court is about to act in excess of its jurisdiction. State
ex rel. Sarasota County v. Boyer, 360 So.2d 388 (Fla. 1978). Upon consideration of the response to our order to show cause,
we now grant the petition. Final judgment was entered on October 11, 1988. The bank filed a motion for rehearing on October 21, 1988. The trial judge
entered an order denying the motion for rehearing on November 15, 1988. However, on November 21, 1988, the trial court entered
an order vacating the order denying the motion for rehearing and by a separate order directed the parties to file memoranda
directed to the issues raised by the bank's motion for rehearing. After the submission of memoranda, the trial court entered
an order denying the motion for rehearing on December 28, 1988. On January 17, 1989, the bank filed a notice of appeal to
the Third District Court of Appeal. Cantera filed a motion to dismiss or quash the appeal, contending that when the trial
judge originally denied rehearing he lost jurisdiction to enter the subsequent order. Thus, Cantera argued that the notice
of appeal should have been filed no later than thirty days from November 15, 1988. In a split decision, the Third District
Court of Appeal denied the motion to dismiss.

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