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ARLEO v. GARCIA

No. 97-1029.

695 So.2d 862 (1997)

Susana A. ARLEO, f/k/a Susana A. Garcia, Petitioner, v. Carlos E. GARCIA, Respondent.

District Court of Appeal of Florida, Fourth District.

June 18, 1997.

Attorney(s) appearing for the Case

Peter Mineo, Jr. of Peter Mineo, Jr., P.A., Fort Lauderdale, for petitioner.

John F. Jankowski, Jr., Plantation, for respondent.

PER CURIAM.

We grant the petition for writ of prohibition. Upon entering the order on respondent's first motion for rehearing, the trial court lost jurisdiction to rule on the second motion for rehearing and to consider the merits of the case. See Shelby Mutual Insurance Co. of Shelby, Ohio v. Pearson, 236 So.2d 1 (Fla.1970). The "without prejudice" clause in the order denying the first motion for rehearing does not allow...

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