Summary
The Third District Court of Appeal of Florida quashed an order dismissing FQS Enterprise, LLC's action for lack of prosecution. The court held that, after entry of final judgment, the trial court retained procedural jurisdiction only to enforce the judgment debtors' obligation to complete Florida Rule of Civil Procedure Form 1.977. A special concurrence discussed the distinctions between subject matter, personal, and case or procedural jurisdiction.
Holdings
- A trial court lacks procedural jurisdiction to dismiss an action for lack of prosecution after final judgment when the judgment reserves jurisdiction only for the specific purpose of enforcing the judgment debtor's obligation to complete Form 1.977.
Questions Presented
- Whether a trial court retains procedural jurisdiction to dismiss an action for lack of prosecution after entry of a final judgment that reserves jurisdiction only to enforce the judgment debtor's obligation to complete Florida Rule of Civil Procedure Form 1.977.
Disposition
quashed
Cases Cited (44)
- Akuwudike v. McKenzie, 328 So. 3d 1051 (Fla. 3d DCA 2021)(followed)
- U.S. Bank Nat'l Ass'n v. Anthony-Irish, 204 So. 3d 57 (Fla. 5th DCA 2016)(followed)
- Paulucci v. Gen. Dynamics Corp., 842 So. 2d 797 (Fla. 2003)(followed)
- MTW Jordan, Inc. v. Baskerville, 323 So. 3d 331 (Fla. 5th DCA 2021)(criticized)
- Ross v. Wells Fargo Bank, 114 So. 3d 256 (Fla. 3d DCA 2013)(criticized)
- In re Adoption of D.P.P., 158 So. 3d 633 (Fla. 5th DCA 2014)(followed)
- Fla. Power & Light Co. v. Canal Auth., 423 So. 2d 421 (Fla. 5th DCA 1982)(followed)
- Bell v. Kornblatt, 705 So. 2d 113 (Fla. 4th DCA 1998)(followed)
- Fla. Exp. Tobacco Co., Inc. v. Dep't of Revenue, 510 So. 2d 936 (Fla. 1st DCA 1987)(followed)
- Cunningham v. Standard Guar. Ins. Co., 630 So. 2d 179 (Fla. 1993)(followed)
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