ALLIED FIDELITY INSURANCE COMPANY, AND JOSE RAMON RUIZ, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that an oral order of forfeiture is not an appealable order and that a premature notice of appeal may be treated as vesting jurisdiction once an appealable final judgment is entered.
Allied Fidelity Insurance Company posted a bond for Jose Ramon Ruiz. The trial court orally ordered the bond forfeited. A final judgment was later ent…
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DANIEL PEARSON, Judge.
At a hearing on June 19, 1979, the trial court orally ordered that a $105,000 bond posted by Allied Fidelity Insurance Company (Allied) to insure the appearance of Jose Ramon Ruiz (Ruiz) in a pending criminal case be forfeited. On July 17, 1979, Allied and Ruiz filed a notice of appeal from that order. The order appealed from was neither a written order, Sparks v. State, 262 So. 2d 251 (Fla. 4th DCA 1972), nor a final order, Huie v. State, 92 So. 2d 264 (Fla.1957), and for both reasons the order was not appealable to this court.
Thereafter, on September 17,1979, pursuant to this forfeiture, a final judgment against Allied and in favor of the State was entered. Allied moved to set this judgment aside on the ground that the circuit court lacked jurisdiction to enter this final judgment while Allied’s appeal was pending in this court.
In April 1980, the State moved to dismiss Allied’s appeal. We denied the State’s motion since the record before us contained a reference to an appealable final judgment having been entered on September 17,1979. By order entered May 8, 1980, we directed Allied to furnish forthwith a copy of that final judgment. It was our view that in light of the later entry of the appealable final judgment we would treat the premature notice of appeal as vesting us with jurisdiction as of the time the final judgment was entered. Williams v. State, 324 So. 2d 74 (Fla.1975); W. B. D., Inc. v. Howard Johnson Company, 382 So. 2d 1323 (Fla. 1st DCA 1980).
It now has been made to appear that on November 14, 1979, the circuit court vacated the final judgment pending the outcome of this appeal. Therefore, once again the appellants are without an appealable final order. Accordingly, we relinquish jurisdiction to the circuit court for the purpose of reinstating its final judgment and transmitting the record containing such reinstated final judgment to this court within thirty (30) days from this order.
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Angrand v. Morry FOX, D.O., 552 So. 2d 1113 (Fla. 3d DCA 1989)…and may be accorded no legal effect whatever. See Williams v. State, 324 So. 2d 74 (Fla.1975) (notice of appeal prematurely filed before reviewable final judgment deemed to hold over and attach to later judgment); Allied Fidelity Ins. Co. v. State, 384 So. 2d 727 (Fla. 3d DCA 1980) (same); Holding Electric, Inc. v. Roberts, 530 So. 2d 301 (Fla.1988) (per [*1116] mitting abatement pending amendment of mechanic’s lien complaint filed without statutory prerequisite of contractor’s affidavit). Thus, abatement fo…
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Clemons v. Flagler Hosp., Inc., 385 So. 2d 1134 (Fla. 5th DCA 1980)…e final judgment. That has been done. We now visit the earlier notice of appeal upon the subsequently entered judgment and proceed to a consideration of the merits. Williams v. State, 324 So. 2d 74 (Fla.1975); Allied Fidelity Insurance Co. v. State, 384 So. 2d 727 (Fla. 3d DCA 1980) (No. 79-1521, opinion filed June 10, 1980); W.B.D., Inc. v. Howard Johnson Company, 382 So. 2d 1323 (Fla. 1st DCA 1980); Sloman v. Florida Power & Light Co., 382 So. 2d 834 (Fla. 4th DCA 1980). . The attorney for the carriers con…
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Grip Dev., Inc. v. Coldwell Banker Residential Real Est., Inc., 788 So. 2d 262 (Fla. 4th DCA 2000)…f 90 days notice provision not fatal to action, which could be abated; subsequent lapse of limitations period precludes dismissal of action on account of premature filing), review denied, 563 So. 2d 632 (Fla.1990); Allied Fidelity Ins. Co. v. State, 384 So. 2d 727 (Fla. 3d DCA 1980) (same); Holding Elec., Inc. v. Roberts, 530 So. 2d 301 (Fla. 1988) (in mechanic’s lien action complaint filed without prior service of contractor's affidavit abated pending amendment of pleading to show compliance with condition p…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 324 So. 2d 74 (Fla. 1975)
- W. B. D., Inc. v. Howard Johnson Co., 382 So. 2d 1323 (Fla. 1st DCA 1980)
- Huie v. State, 92 So. 2d 264 (Fla. 1957)
- Sparks v. State, 262 So. 2d 251 (Fla. 4th DCA 1972)