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MOTION DENIED
IN THE CIRCUIT COURT IN AND FOR ESCAMBIA
COUNTY, FLORIDA
WARD DEAN, M.D., and KUMJA DEAN, Plaintiffs,
v. CASE NO. 00-2027-CA DIVISION "A"
THE BOARD OF COUNTY COMMISSIONERS OF ESCAMBIA COUNTY, FLORIDA, ESCAMBIA COUNTY CODE ENFORCEMENT, CHARLES E. WALKER AND G . THOMAS SMITH, Defendants.
Upon consideration of Plaintiffs' motion for relief from void judgment, the Court having convened a hearing on the Plaintiffs' motion on July 21, 2004, and having considered the argument of Dr. Dean and counsel for Escambia County, Florida, concludes there is no jurisdictional basis for this Court to grant the requested relief. Fla. R. Civ. P. 1.540(b) is a rule of procedure to be utilized only when those instances specified in the rule have been established. This rule is not to be used as a substitute for a motion for rehearing from an adverse order or judgment or as a means of appellate review.
Accordingly, it is ORDERED that Plaintiffs' motion for relief from void judgment made pursuant to Fla. R. Civ. P. 1.540(b)(4) is DENIED. Plaintiffs Ward Dean, M.D., and Kumja C. Dean, by copy of this order, are advised of their rights to appeal the ruling of this Court and have thirty (30) days in which to do so according to the Florida Rules of Appellate Procedure.
DONE AND ORDERED at Pensacola, Escambia County, Florida, this 3rd day of August, 2004.
NICKOLAS P. GEEKER CIRCUIT JUDGE
Copies furnished to:
- Ward Dean, M.D., and Kumja Dean
- Charles V. Peppler, Chief Litigation Attorney, County Attorney's Office,
14 West Government Street, Room 411, Pensacola, FL 32502
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