Harold A. Johnson - Page 4

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          opinion) to divest Judge Harris of jurisdiction to issue the                 
          foreclosure order.4                                                          
               The Volusia County court dismissed petitioner’s action with             
          prejudice.  The district court of appeal affirmed the dismissal.             
          See Johnson v. Harris, 645 So. 2d 96 (Fla. Dist. Ct. App. 1994).             
          In affirming the dismissal, the court of appeal stated that                  
          “Judge Harris still had subject matter jurisdiction in the case              
          even while the nonfinal order was on appeal.”  Id. at 98.                    
               Not satisfied with the result in Johnson v. Harris, supra,              
          petitioner filed a petition for a writ of prohibition.  The court            
          of appeal denied the petition.  See Johnson v. Circuit Court, 686            
          So. 2d 723 (Fla. Dist. Ct. App. 1997).  In doing so, the court of            
          appeal stated, in part, as follows:                                          
               Since 1988, the petitioner has argued that the                          
               [foreclosure] judgment was entered at a time when the                   
               trial court did not have jurisdiction.  This is at                      
               least the fifth time that he has made this same                         
               argument to this same court. * * * Under Florida Rule                   
               of Appellate Procedure 9.130(f), trial courts are                       
               divested of jurisdiction only to the extent that their                  
               actions are under review by an appellate court, and the                 
               lower court has jurisdiction to proceed with matters                    
               not before the appellate court. * * * [T]his court has                  
               already determined that the trial court had                             
               jurisdiction to enter the [foreclosure] order.  Johnson                 
               v. Harris, 645 So.2d 96 (Fla. 5th DCA 1994).  We will                   
               not revisit this issue again.1                                          
               1 The issue was previously argued in this court in                      
               Johnson v. Lomas & Nettleton Co., No. 89-1136, 557                      
               So.2d 48 (Fla. 5th DCA 1990); Johnson v. Harris, No.                    

               4  The nonfinal order was an order dismissing petitioner’s              
          mother as a party to the foreclosure proceeding.                             

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