Smith v. Florida Department of Corrections

District Court of Appeal of Florida

Smith v. Florida Department of Corrections

148 So. 3d 128, 2014 Fla. App. LEXIS 15110, 2014 WL 4802031

CourtDistrict Court of Appeal of Florida

DecidedSeptember 29, 2014

DocketNo. 1D14-1057

StatusPublished

This text of 148 So. 3d 128 (Smith v. Florida Department of Corrections) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Florida Department of Corrections, 148 So. 3d 128, 2014 Fla. App. LEXIS 15110, 2014 WL 4802031 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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Bluebook (online)

148 So. 3d 128, 2014 Fla. App. LEXIS 15110, 2014 WL 4802031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-florida-department-of-corrections-fladistctapp-2014.

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