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DRESDNER, M.D., P.A. v. CHARTER OAK

Nos. 2D05-5457, 2D05-5613.

972 So.2d 275 (2008)

DAVID M. DRESDNER, M.D., P.A., a Florida professional service corporation, Appellant/Cross-Appellee, v. The CHARTER OAK FIRE INSURANCE COMPANY, a foreign corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

January 18, 2008.

Attorney(s) appearing for the Case

George A. Vaka and Nancy Lauten of Vaka, Larson & Johnson, P.L., Tampa; Brad Salter of Law Office of Brad Salter, P.A., St. Petersburg; and Bernard Kanner, St. Petersburg, for Appellant/Cross-Appellee.

Denise V. Powers of Denise V. Powers, P.A., Coral Gables; and Rebecca G. Casagrande of Casagrande & Associates, P.A., St. Petersburg, for Appellee/Cross-Appellant.

PER CURIAM.

In this appeal we are asked to decide whether a trial court may vacate an earlier order or judgment and then reenter the same order or judgment to allow a party to perfect an appeal when the party previously failed to file a timely notice of appeal as a result of lawyer error amounting to excusable neglect. We conclude that the trial court does not have the authority to relieve a party of the consequences of his or her lawyer's mistake under these circumstances...

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