State, Department of Administration, Division of Retirement v. Fleck

District Court of Appeal of Florida

State, Department of Administration, Division of Retirement v. Fleck

414 So. 2d 610, 1982 Fla. App. LEXIS 20145

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 1982

DocketNos. AI-54, AI-232

StatusPublished

This text of 414 So. 2d 610 (State, Department of Administration, Division of Retirement v. Fleck) 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.

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State, Department of Administration, Division of Retirement v. Fleck, 414 So. 2d 610, 1982 Fla. App. LEXIS 20145 (Fla. Ct. App. 1982).

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Opinion

JOANOS, Judge.

In these consolidated appeals, we find merit only in the challenge to the authority of the Retirement Commission to amend its order under the circumstances. The record shows that the original order was rendered on November 4, 1981, and the Notice of Appeal from that order was filed on November 25, 1981. On November 17, 1981, the Retirement Commission discussed and voted upon an amendment to the original order, but the subsequent order expressing that action was not rendered until after November 25, 1981. The filing of the Notice of Appeal served to divest the Commission of jurisdiction over the previous order. Mills v. Laris Painting Company, 125 So.2d 745 (Fla.1961). Thus, the attempted amendment is null and void.

We find no reversible error, however, in the original order. Accordingly, the original order, case number AI-54, is AFFIRMED, and the amended order, case number AI-232, is hereby VACATED.

LARRY G. SMITH and THOMPSON, JJ., concur.

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JOANOS, Judge.

In these consolidated appeals, we find merit only in the challenge to the authority of the Retirement Commission to amend its order under the circumstances. The record shows that the original order was rendered on November 4, 1981, and the Notice of Appeal from that order was filed on November 25, 1981. On November 17, 1981, the Retirement Commission discussed and voted upon an amendment to the original order, but the subsequent order expressing that action was not rendered until after November 25, 1981. The filing of the Notice of Appeal served to divest the Commission of jurisdiction over the previous order. Mills v. Laris Painting Company, 125 So.2d 745 (Fla.1961). Thus, the attempted amendment is null and void.

We find no reversible error, however, in the original order. Accordingly, the original order, case number AI-54, is AFFIRMED, and the amended order, case number AI-232, is hereby VACATED.

LARRY G. SMITH and THOMPSON, JJ., concur.

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