ABRAM J. JORDAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ABRAM J. JORDAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
782 So. 2d 443
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Abram J. Jordan appeals the summary dismissal of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s dismissal without discussion.
We note however that subsequent to Jordan’s appeal in this case, the trial court issued an order vacating its earlier order which had dismissed Jordan’s postconviction motion. Because the trial court was divested of jurisdiction when Jordan filed his notice of appeal, Wenner v. State, 610 So. 2d 80, 81 (Fla. 2d DCA 1992), this second order was a nullity. Daniels v. State, 712 So. 2d 765 (Fla.1998).
Affirmed.
BLUE, A.C.J., and SALCINES and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Roth v. Roth, 973 So. 2d 580 (Fla. 2d DCA 2008)…ce. See Wallace v. Wallace, 922 So. 2d 1008 (Fla. 1st DCA 2006) (noting that an equitable lien for wife’s special equity in husband’s nonmarital residence was not a violation of the homestead protections of the Florida Constitution); Hieke v. Hieke, 782 So. 2d 443 (Fla. 4th DCA 2001) (same). However, he argues that the trial court abused its discretion in imposing an equitable hen on his nonmarital homestead for the remaining $204,379 of the equitable distribution award. We agree. Article X, Section 4(a) of…
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Wallace v. Wallace, 922 So. 2d 1008 (Fla. 1st DCA 2006)…and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty.... The Fourth District addressed this exact issue in Hieke v. Hieke, 782 So. 2d 443 (Fla. 4th DCA 2001), review denied, 799 So. 2d 217 (Fla.2001). In affirming the judgment which awarded the wife a lien against the husband’s homestead, the Fourth District found no merit in the husband’s constitutional argument. Id. at 444. We agree…
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Omasta v. State, 830 So. 2d 261 (Fla. 2d DCA 2002)…ower court was divested of jurisdiction to proceed with matters related to the final judgment” and that “[cjommon law certiorari is the proper vehicle to review whether the lower court acted in excess of its jurisdiction”). See also Jordan v. State, 782 So. 2d 443 (Ma. 2d DCA 2001) (holding that, once the notice of appeal was filed, the trial court was divested of jurisdiction and any order affecting the subject matter of the appeal was a nullity); Edwards v. State, 796 So. 2d 569 (Fla. 1st DCA 2001) (holding…
Authorities Cited
- Daniels v. State, 712 So. 2d 765 (Fla. 1998)
- Wenner v. State, 610 So. 2d 80 (Fla. 2d DCA 1992)