SKY LAKE GARDENS RECREATION, INC., PETITIONER,
v.
DISTRICT COURT OF APPEAL, THIRD DISTRICT, SKY LAKE GARDENS, NO. 1, INC., SKY LAKE GARDENS NO. 3, INC., AND SKY LAKE GARDENS NO. 4, INC., RESPONDENTS
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The Florida Supreme Court held that Sky Lake Gardens Recreation, Inc.'s notice of appeal was timely filed because the date of rendition of a final judgment is postponed when a timely motion to amend the judgment is filed and granted. The Court issued a writ of mandamus directing the Third District Court of Appeal to reinstate the appeal it had wrongly dismissed as untimely.
The notice of appeal was timely filed. Under Florida Rule of Appellate Procedure 9.020(g), the date of rendition of a final judgment is not the date the original judgment is filed, but rather the date of disposition of any authorized and timely motion to alter or amend the judgment. Because the motion to amend was timely filed and an amended judgment was rendered, the date of rendition was the date of the amended judgment, making petitioner's October 17 appeal timely.
[1] Mandamus is an appropriate remedy to correct a district court of appeal's determination of lack of jurisdiction.
[2] An order is rendered when a signed, written order is filed with the clerk of the lower tribunal.
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Join FLexlaw to unlock all legal intelligence“Rendition (of an order): the filing of a signed, written order with the clerk of the lower tribunal. Where there has been filed in the lower tribunal an authorized and timely motion for new trial or rehearing, to alter or amend, for judgment in accordance with prior motion for directed verdict, notwithstanding verdict, in arrest of judgment, or a challenge to the verdict, the order shall not be deemed rendered until disposition thereof.”
This rule establishes that the date of rendition is postponed when an authorized and timely motion to alter or amend a judgment is filed.
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Join FLexlaw to unlock all legal intelligenceSky Lake Gardens Recreation, Inc. was involved in circuit court litigation against three condominium associations. A final judgment was entered on Aug…
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PER CURIAM.
Petitioner filed a petition for a writ of mandamus against the Judges of the Third District Court of Appeal. The petition questions the authority of the district court to dismiss petitioner’s appeal as untimely filed.
Petitioner Sky Lake Gardens Recreation, Inc., was involved in litigation in circuit court against three condominium associations. A final judgment was entered on August 20,1986. The condominium associations filed a motion to amend the final judgment as authorized by Florida Rule of Civil Procedure 1.530(g). An amended final judgment was rendered on September 22, 1986. Petitioner filed its notice of appeal on October 17, 1986. Petitioner argues that the district court of appeal improperly dismissed its appeal.
The district court’s dismissal of petitioner’s appeal as untimely filed was a determination of lack of jurisdiction. Mandamus is an appropriate remedy to correct a determination of lack of jurisdiction on the part of a district court of appeal. State ex rel. Gaines Construction Co. v. Pearson, 154 So. 2d 833 (Fla.1963); New Hampshire Insurance Co. v. Calhoun, 341 So. 2d 777 (Fla. 2d DCA 1976); aff'd, 354 So. 2d 882 (Fla.1978).
Florida Rule of Appellate Procedure 9.020(g), defining “rendition” provides as follows:
Rendition (of an order): the filing of a signed, written order with the clerk of the lower tribunal. Where there has been filed in the lower tribunal an authorized and timely motion for new trial or rehearing, to alter or amend, for judgment in accordance with prior motion for directed verdict, notwithstanding verdict, in arrest of judgment, or a challenge to the verdict, the order shall not be deemed rendered until disposition thereof.
(Emphasis added). A motion to alter or amend a final judgment is an authorized motion. Fla.R.Civ.P. 1.530(g). The motion to amend the final judgment in this case was timely filed. Thus the date of rendition was not the date of the original final judgment but was the date of the disposition of the motion to amend. Disposition was effected by the filing of the amended final judgment. Therefore, the date of rendition was the date of filing of the amended final judgment. State ex rel. Park Towers Associates, Ltd. v. District Court of Appeal, Third District, 221 So. 2d 136 (Fla. 1969); Wakulla Wood Products v. Richey, 465 So. 2d 660 (Fla. 1st DCA 1985); Duval County School Board v. Rupp, 414 So. 2d 556 (Fla.1st DCA 1982). We therefore conclude that petitioner’s appeal was timely filed and should not have been dismissed.
Having determined that the district court improperly dismissed petitioner’s appeal, we further conclude that the district court has a ministerial duty to consider and decide the appeal. We presume that the district court of appeal will perform its duty and reinstate the appeal and we therefore withhold the formal issuance of the writ of mandamus.
It is so ordered.
McDonald, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.
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Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)…m a clear legal duty. See Hatten v. State, 561 So. 2d 562 (Fla.1990). One legal duty of an appellate court is to exercise its jurisdiction once that jurisdiction is properly invoked. See Sky Lake Gardens Recreation, Inc. v. District Court of Appeal, 511 So. 2d 293, 294 (Fla.1987) (concluding district court had duty to consider and decide the appeal). [*363] Thus, for decades, this Court and other Florida courts have used mandamus to reinstate appeals and other types of actions which were erroneously dismissed…1 / 2
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Deal v. Deal, 783 So. 2d 319 (Fla. 5th DCA 2001)…l.” Fla. R.App. P. 9.020(h). However, rendition is suspended by a timely motion for rehearing provided the motion is authorized by the Florida Rules of Civil Procedure. Id.; Sky Lake Gardens Recreation, Inc. v. District Court of Appeal, Third Dist., 511 So. 2d 293 (Fla.1987); Casto v. Casto, 404 So. 2d 1046 (Fla.1981); Wagner v. Bieley, Wagner & Assocs., Inc., 263 So. 2d 1 (Fla.1972); Remington v. Remington, 705 So. 2d 920 (Fla. 4th DCA 1997). Because an unauthorized motion for rehearing does not toll the tim…
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Marsh & McLennan, Inc. v. Aerolineas Nacionales del Ecuador, 530 So. 2d 971 (Fla. 3d DCA 1988)…P. 9.020(g) (“Where there has been filed in the lower tribunal an authorized and timely motion for ... rehearing, ... the order shall not be deemed rendered until disposition thereof.”); Sky Lake Gardens Recreation, Inc. v. District Court of Appeal, 511 So. 2d 293 (Fla.1987); Casto v. Casto, 404 So. 2d 1046 (Fla.1981); Wagner v. Bieley, Wagner & Associates, Inc., 263 So. 2d 1 (Fla.1972); Palladeno v. Oesterle, 345 So. 2d 382 (Fla. 3d DCA 1977). The effect of the rehearing rule “is to put the world on notice t…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Judge James P. Calhoun v. NEW Hampshire Ins. Co. & Lola Pittman, 354 So. 2d 882 (Fla. 1978)
- State of Fla. ex rel. Gaines Constr. Co. v. Tillman Pearson, 154 So. 2d 833 (Fla. 1963)
- NEW Hampshire Ins. Co. & Lola Pittman v. Judge James P. Calhoun, 341 So. 2d 777 (Fla. 2d DCA 1976)
- Duval Cnty. Sch. Bd. v. Rupp, 414 So. 2d 556 (Fla. 1st DCA 1982)
- Wakulla Wood Prods. v. Richey, 465 So. 2d 660 (Fla. 1st DCA 1985)
- Jackson Manor Nursing Home v. Wright, 221 So. 2d 136 (Fla. 1969)
- State of Fla. ex rel. Park Towers Assocs., Ltd. v. The Dist. Court OF Appeal OF Fla., 221 So. 2d 136 (Fla. 1969)