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MUTUAL OF OMAHA INS. CO. v. GOLD

No. 96-2952.

681 So.2d 1204 (1996)

MUTUAL OF OMAHA INSURANCE COMPANY and Flamedco, Inc., Petitioners, v. Ethan A. GOLD, etc., et al., Respondents.

District Court of Appeal of Florida, Fifth District.

October 25, 1996.

Attorney(s) appearing for the Case

Ralph C. Losey of Subin, Rosenbluth, Losey, Brennan, Bittman & Morse, P.A., Orlando, for Petitioner Mutual of Omaha Insurance Company.

David B. Blessing of Taraska, Grower & Ketcham, P.A., Orlando, for Petitioner Flamedco, Inc.

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., and Jeffrey M. Liggio, P.A., West Palm Beach, for Respondents.

HARRIS, Judge.

We grant the petition for writ of certiorari and quash the August 27, 1996 order denying the petitioners' motion on the jurisdictional issues. Even if such order is only "voidable," under the facts of this case we conclude that the order should not stand. Further, because an independent determination under Florida Rule of Judicial Administration 2.160(h) was not made during the October 24, 1996 hearing (the court merely relied on the former order),...

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