03-0461 YARINE V. BLANCO

State: Florida

Court: Florida Third District Court

Docket No: 03-0461 YARINE V. BLANCO

Case Date: 11/26/2003

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. 2003

CARIDAD YARINE, MONROE PLUMBING SUPPLY, INC. and RYDER TRUCK RENTAL, INC., Appellants, vs. MAGALY BLANCO, et al., Appellees.

** ** ** ** ** ** ** LOWER TRIBUNAL CASE NO. 99-17161 CASE NO. 3D03-461

Opinion filed November 26, 2003. An appeal from the Circuit Court of Miami-Dade County, Michael B. Chavies, Judge. Gaebe Mullen Antonelli Esco & DiMatteo and Joel V. Lumer, for appellants. Larry Faye, for appellees. Before GODERICH, FLETCHER, and WELLS, JJ. PER CURIAM. We reverse that portion of the trial court's omnibus order dated February 3, 2003, as it relates to Magaly Blanco (vacating the dismissal of Magaly Blanco's claims and reinstating them). The trial court is instructed to reinstate that portion of the trial

court's order dated March 27, 2002, dismissing Magaly Blanco's claims. See Department of Revenue v. Riley, 684 So. 2d 905 (Fla.

3d DCA 1996)(a successor judge may not correct errors of law committed by his predecessor and hence he cannot review and reverse on the merits and on the same facts the final orders and decrees of his predecessor); City of Miami Beach v. Chadderton, 306 So. 2d

558 (Fla. 3d DCA 1975)(generally a successor judge cannot review, modify, or reverse upon the merits and on the same facts final orders of a predecessor unless there exists some special

circumstance such as mistake or fraud perpetrated upon the court). Reversed and remanded with instructions.

2

Download 03-0461 YARINE V. BLANCO.pdf