GLENN SMITH, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
GLENN SMITH, APPELLANT,
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
148 So. 3d 128
Florida District Court of Appeal, First District (2014)
Opinion of the Court
Because a non-final appeal is pending of an order on transfer, it was error for the circuit court to issue a final order. Accordingly, the order dismissing the case is quashed and the cause is remanded for further proceedings after disposition of the non-final appeal. See Fla. R. App. P. 9.130(f) (providing that the lower tribunal may not enter a final order disposing of the cause while an appeal of a non-final order is pending); Cooper v. Cooper, 69 So.3d 977 (Fla. 2d DCA 2011) (holding that trial court’s purported final order was a nullity by operation of law where the order was entered while appeal of earlier non-final order was pending).
WOLF, RAY, and OSTERHAUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Monfiston v. State, 69 So. 3d 977 (Fla. 4th DCA 2011)
- Cooper v. Cooper, 69 So. 3d 977 (Fla. 2d DCA 2011)