Wells Fargo Bank v. Lupica, 34 Fla.L. Weekly D1866 (Fla. 5th DCA Sept. 8, 2009)

In this duo of cases, the 5th DCA stated that an Order is not final until it is (1) written, (2) signed, and (3) filed with the clerk of the trial court.  Here the written order was stamped by the Judge, but not sent to the Clerk for entry.  As such, the DCA lacked jurisdiction pursuant to Rule 9.110(b).

The Court takes the further opportunity to gently chastise the trial courts in both cases, stating: “Some basis for the ruling would be instructive both to the parties and this Court.” Ouch.  The 5th DCA is obviously getting frustrated with the foreclosure cases it is seeing.