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MILLAR ELEVATOR SERVICE CO. v. McGOWAN

No. 2D01-4640.

804 So.2d 1271 (2002)

MILLAR ELEVATOR SERVICE COMPANY, Petitioner, v. Mary Jo McGOWAN, Janet Burke, Richard Burke, and Margaret Zamora, Respondents.

District Court of Appeal of Florida, Second District.

January 25, 2002.

Attorney(s) appearing for the Case

Harry K. Bender of Bender, Bender & Chandler, P.A., Coral Gables; and Raymond T. Elligett, Jr., of Schropp, Buell & Elligett, P.A., Tampa, for Petitioner.

Brandon S. Vesely and Michael J. Keane of Keane, Reese & Vesely, P.A., St. Petersburg; and Justin C. Johnson and Paul Castagliola, St. Petersburg, for Respondents.

ALTENBERND, Judge.

This prohibition proceeding challenges the circuit court's jurisdiction to conduct a trial on liability during the pendency of an appeal of an order granting a new trial. The precise issue raised in this original proceeding is whether plaintiffs, Janet Burke and Margaret Zamora, are actually parties to the appeal of the order granting a new trial. We hold that they are parties to the appeal pending in...

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