Pineiro v. Law Firm of Franklin & Criscuolo

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2008 SANDRA PINEIRO, Appellant, v. LAW FIRM OF FRANKLIN & CRISCUOLO and RIGOBERTO PINEIRO, husband, Appellees. No. 4D05-4589 [February 20, 2008] POLEN, J. Appellant Sandra E. Pineiro appeals the trial court s orders denying her motion to vacate orders granted in favor of Appellee, Franklin and Criscuolo (F & C), and granting F & C s motions for a charging lien and final money judgment against Pineiro for nonpayment for services rendered. The trial court orally reserved jurisdiction to hold an evidentiary hearing on both parties section 57.105 claims, but entered a written order reserving jurisdiction only to hear F & C s claims. We affirm the trial court s denial of Pineiro s motion but remand the case to the trial court with instructions to amend the order to reflect its oral ruling reserving jurisdiction to hear both parties section 57.105 claims. See Romero v. Romero, 916 So. 2d 952 (Fla. 3d DCA 2005) (reverse and remand portions of written order that did not reflect the trial court s oral pronouncements). STONE and MAY, JJ., concur. * * * Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan J. Aramony, Judge; L.T. Case No. FMCE 00-8028 4092. Hal Vogel, Miami, for appellant. Barry S. Franklin and Donald G. Criscuolo of Franklin & Criscuolo, North Miami Beach, for appellees. Not final until disposition of timely filed motion for rehearing 2

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