02-0050 CORIN V. GOLDBERG

State: Florida

Court: Florida Southern District Court

Docket No: 3d02-0050

Case Date: 10/30/2002

Plaintiff: 02-0050 CORIN

Defendant: GOLDBERG

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

MORTON S. CORIN, M.D., Appellant, vs. MARK GOLDBERG, M.D., Appellee.

** ** ** ** ** CASE NO. 3D02-50 LOWER TRIBUNAL NO. 96-767

Opinion filed October 30, 2002. An Appeal from the Circuit Court for Dade County, Steve Levine and Fredricka Smith, Judges. Carlton Fields and Jeffrey Michael Cohen and Nancy C. Ciampa, for appellant. De La O & Marko and Miguel De La O, for appellee. Before SCHWARTZ, C.J., and RAMIREZ, J., and NESBITT, Senior Judge. SCHWARTZ, Chief Judge. It is apparent that the trial court mistakenly and erroneously entered judgment against a party, the appellant, Dr. Corin, individually, against whom no relief was sought in any existing pleading. See Milio v. Leinoff and Silvers, P.A., 668 So. 2d 1108 (Fla. 3d DCA 1996); Koehler v. Roberts, 661 So. 2d 374 (Fla. 2d DCA

1995); Barkett v. Hardy, 571 So. 2d 13 (Fla. 2d DCA 1990); Antoniadis v. Earca, 442 So. 2d 1001 (Fla. 3d DCA 1983), pet. for review denied, 451 So. 2d 847 (Fla. 1984). His motion for

rehearing below, which sought to remove him from the final judgment, should therefore have been granted and the cause is remanded to accomplish that task. Reversed and remanded.

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