First Horizon Bank v. Hayworth
After the trial court entered final summary judgment disposing of the plaintiff's operative second amended complaint, the plaintiff — without seeking rehearing, appeal, or relief from judgment — filed a third amended complaint realleging contract claims that had earlier been dismissed without prejudice pending federal regulatory approval. The Third District granted the Bank's petition for writ of prohibition, holding that the interlocutory dismissal order merged into the final judgment and the trial court was divested of case jurisdiction beyond its reservation for fees and costs.
Key facts
- First Horizon Bank sued Hayworth on contract claims; the trial court dismissed some claims without prejudice pending federal regulatory approval, then entered final summary judgment on the remaining claims.
- After final judgment was entered, without seeking rehearing or appeal, Hayworth filed a third amended complaint realleging the previously dismissed contract claims.
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Why it matters
The opinion is a clean articulation of the merger doctrine and the distinction between subject-matter and 'case' (continuing/procedural) jurisdiction post-Schmidt, and confirms prohibition as the vehicle to stop a trial… — full analysis with a trial
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