5D03-654 Nielsen v. Joannou

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-654

Case Date: 12/29/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

BJARNE F. NIELSEN, Appellant, v. Case No. 5D03-654

PAVLO JOANNOU, Appellee. / Opinion Filed January 2, 2004 Appeal from the Circuit Court for St. Johns County, Robert K. Mathis, Judge. Geoffrey B. Dobson, St. Augustine, for Appellant. No Appearance for Appellee. PLEUS, J. This case involves specific performance of a contract to convey real property. Nielsen appeals a final summary judgment granting specific performance to the buyer, Joannou. He argues that the lower court erred in entering a final judgment while an interlocutory appeal in the same case was pending in this court. He also argues that the court erred in failing to add an indispensable party to the action. Joannou confessed error and did not file an answer brief. Because we conclude that the lower court erred in entering a summary final judgment

which violates Florida Rule of Appellate Procedure 9.130(f), we reverse and remand. The court below further erred in entering the final judgment without first joining an indispensable party. See Nielson v. Joannou, 835 So. 2d 1219 (Fla. 5th DCA 2003). REVERSED and REMANDED.

PALMER and TORPY, JJ., concur.

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