S.M., FATHER OF T.M., A MINOR CHILD, PETITIONER,
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND THE GUARDIAN AD LITEM PROGRAM, RESPONDENTS

Fla. 1st DCA | 2008-09-26
No. 1D08-4275
BARFIELD, ALLEN, and THOMAS, JJ., concur.
990 So. 2d 1264 Florida District Court of Appeal, First District (2008) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

DENIED. See In the Interest of E.H., 609 So. 2d 1289 (Fla.1992) (proper method by which to seek a belated appeal in a termination of parental rights case is by petition for writ of habeas corpus filed in the trial court).

BARFIELD, ALLEN, and THOMAS, JJ., concur.


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  • Rogers v. State, 33 So. 3d 805 (Fla. 1st DCA 2010)
    …n the amount of restitution, divested the trial court of jurisdiction to enter a restitution order. Pearson observed that on remand, the trial court could conduct another hearing and re-impose restitution. See id. at 721-22; see also Horan v. State, 990 So. 2d 1264 (Fla. 1st DCA 2008) (stating the filing of the notice of appeal divested the trial court of jurisdiction to enter an order determining restitution, reversing the restitution order, and remanding with an acknowledgment the trial court could hold anot…
  • Williams v. State, 15 So. 3d 933 (Fla. 1st DCA 2009)
    …this criminal appeal, we affirm the conviction. Appellant, however, correctly asserts that the trial court lacked jurisdiction to enter a restitution order after appellant filed a notice of appeal as to the judgment and sentence. See Horan v. State, 990 So. 2d 1264, 1265 (Fla. 1st DCA 2008); Williams v. State, 952 So. 2d 616 (Fla. 1st DCA 2007); Brantley v. State, 723 So. 2d 909 (Fla. 1st DCA 1999) (noting the State conceded that filing the notice of appeal divested the trial court of jurisdiction to set the a…

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