BRUCE ROBERT BORTZ, Appellant, v. DEBORAH LYNN BORTZ n/k/a DEBORAH LYNN SPENCER, Appellee., 675 So. 2d 622

Summary

After the final judgment of dissolution was entered, appellee wife moved to enforce a provision of a settlement agreement. Appellant husband filed a response and denied that appellee was entitled to enforcement of the provision. The trial court orally denied the order and ordered appellant's counsel to prepare the order. A different attorney filed a motion for rehearing on appellee's behalf but failed to file a motion to replace the original counsel. The trial court reversed itself and entered an amended order for enforcement. Appellant sought review, arguing that the motion for a rehearing was a nullity and that the trial court lacked jurisdiction to enter the amended order. The court reversed. Because the second attorney failed to request leave to replace the first attorney, the motion for a rehearing was a nullity and, in the absence of a timely and proper motion for rehearing, the trial court lost jurisdiction to reconsider the merits of its original order.