GLATSTEIN v. CITY OF MIAMI

No. 80-1445.

391 So.2d 297 (1980)

Dr. Philip GLATSTEIN, Lynn Glatstein, Leonard Turkel and Annsheila Turkel, Appellants, v. The CITY OF MIAMI, a Florida Municipal Corporation, and Diplomat World Enterprises, Ltd., a Limited Partnership under the Laws of the State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

December 9, 1980.


Attorney(s) appearing for the Case

Hall & Hauser and Gail V. Ferrington, Miami, for appellants.

George F. Knox, Jr., City Atty. and Mikele S. Carter, Asst. City Atty., Aronovitz & Weksler and Bernard B. Weksler, Miami, for appellees.

Before BARKDULL, SCHWARTZ and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

We affirm the trial court's order denying, for lack of jurisdiction, the appellants' motion, pursuant to Florida Rule of Civil Procedure 1.540(b), to set aside a final judgment against them.

When appellants' Rule 1.540(b) motion was filed in and ruled upon by the trial court, their appeal from the final judgment was pending in this court. The pendency of that appeal divested the trial court of jurisdiction to entertain the motion...

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