VERZURA V. OJITO

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, 2004 VERZURA CONSTRUCTION, INC., etc., ** Appellant, vs. ** ** OJITO AND ASSOCIATES, INC., etc., ** et al., Appellees. ** CASE NO. 3D03-2346 LOWER TRIBUNAL NO. 00-30581 Opinion filed May 12, 2004. An Appeal from the Circuit Court for Miami-Dade County, Marc Schumacher, Judge. Kluger, Peretz, Kaplan & Berlin, and Andrew P. Gold and Dianne O. Fischer, for appellant. Daniels, Kashtan, Downs, Robertson & Magathan, and Madelyn Simon Lozano, for appellees. Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ. PER CURIAM. As the appellee, Ojito and Associates, Inc. [OAI], properly concedes, the trial court lacked jurisdiction to rule on its motion for summary judgment where OAI had been dropped as a party. Sas v. Postman, 687 So. 2d 54 (Fla. 3d DCA 1997). Therefore, we reverse the order granting OAI s motion for summary judgment. Reversed. 2 See

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