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VERZURA CONST., INC. v. OJITO AND ASSOC., INC.

No. 3D03-2346.

875 So.2d 672 (2004)

VERZURA CONSTRUCTION, INC., etc., Appellant, v. OJITO AND ASSOCIATES, INC., etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

May 12, 2004.

Attorney(s) appearing for the Case

Kluger, Peretz, Kaplan & Berlin, and Andrew P. Gold and Dianne O. Fischer, Miami, for appellant.

Daniels, Kashtan, Downs, Robertson & Magathan, and Madelyn Simon Lozano, Miami, for appellees.

Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.

PER CURIAM.

As the appellee, Ojito and Associates, Inc. [OAI], properly concedes, the trial court lacked jurisdiction to rule on its motion for summary judgment where OAI had been dropped as a party. See Sas v. Postman, 687 So.2d 54 (Fla. 3d DCA 1997). Therefore, we reverse the order granting OAI's motion for summary judgment.

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