MARCELINO PENALOZA
v.
STATE OF FLORIDA
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The January 1, 2015 amendment to Florida Rule of Appellate Procedure 9.020(i)(3) does not have retroactive effect to undo the abandonment of a motion for new trial that resulted under the prior version of the rule when the notice of appeal was filed before a signed, written order disposing of the motion.
[1] The January 1, 2015 amendment to Florida Rule of Appellate Procedure 9.020(i)(3) does not operate retroactively to revive a motion for new trial that was abandoned under…
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Join FLexlaw to unlock all legal intelligence“the January 1, 2015 amendment to Florida Rule of Appellate Procedure 9.020(i)(3) does not have retroactive effect so as to undo the abandonment of a motion for new trial which resulted under the prior version of the rule when the notice of appeal was filed before the filing of a signed, written order disposing of the motion for new trial filed by the appealing party”
Court's statement of the controlling legal principle from Christakis v. Tivoli Terrace, LLC
Marcelino Penaloza appealed a circuit court judgment from Brevard County. The appeal involved the application of a 2015 amendment to Florida Rule of A…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MARCELINO PENALOZA, Appellant, v. Case No. 5D21-1434 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 8, 2021 Appeal from the Circuit Court for Brevard County, Jeffrey Mahl, Judge. Marcelino Penaloza, Bonifay, pro se. Ashley Moody, Attorney General, Tallahassee, and Roberts
J.
Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
AFFIRMED. See Christakis v. Tivoli Terrace, LLC, 219 So. 3d 85, 86– 87 (Fla. 4th DCA 2017) (holding that the January 1, 2015 amendment to
2 Florida Rule of Appellate Procedure 9.020(i)(3) does not have retroactive effect so as to undo the abandonment of a motion for new trial which resulted under the prior version of the rule when the notice of appeal was filed before the filing of a signed, written order disposing of the motion for new trial filed by the appealing party). LAMBERT, C.J., EVANDER and WALLIS, JJ., concur.