THOMAS J. TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant convicted and appealing seeks bail pending appeal after the trial court declines jurisdiction, claiming the appellate court has exclusive authority once the appeal is perfected. The court resolves the jurisdictional ambiguity by temporarily relinquishing jurisdiction back to the trial court for thirty days to rule on the bail motion.
The trial court's concurrent jurisdiction to hear a bail motion terminates when the record is transmitted to the appellate court. However, the appellate court will relinquish jurisdiction back to the trial court for thirty days to allow it to rule on the bail motion, after which the case returns to the appellate court.
[1] A trial court retains concurrent jurisdiction with the appellate court to render orders on procedural matters relating to a cause until the record is transmitted to the a…
[2] A trial court loses jurisdiction to entertain a motion for supersedeas pending appeal once the appeal is perfected and the record and briefs have been lodged in the appel…
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Join FLexlaw to unlock all legal intelligence“persons convicted of any offense, not capital "... may be released, [*812] pending review of the conviction, at the discretion of either the trial or the appellate court ..."”
Establishes that both trial and appellate courts have discretion to grant bail pending appeal, but the rule does not clarify when trial court jurisdiction ends
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Join FLexlaw to unlock all legal intelligenceAppellant Taylor was convicted and filed an appeal. After the record and briefs were lodged with the appellate court (perfecting the appeal), Taylor m…
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ORFINGER, Judge.
Appellant’s motion requests that we set bail after conviction and pending his appeal, or that we relinquish jurisdiction to the trial court for that purpose. In ruling on appellant’s motion below, the trial court determined that it had no jurisdiction because the appeal had been perfected and the record and briefs had been lodged in this court.
The motion raises an interesting issue on the interplay of various rules of criminal and appellate procedure, and how these rules apply to the situation here. Florida Rule of Appellate Procedure 9.140(e) says that the trial court may hear a motion for post-trial relief pending appeal either before or after a notice of appeal is filed. The committee notes indicate that this rule was adopted to incorporate the holding in Williams v. State, 324 So. 2d 74 (Fla.1975), but in that case the notice of appeal had been filed before the judgment was rendered, so that appeal had not been perfected. The court held that the filing of a notice of appeal before the judgment of conviction was rendered did not deprive the trial court of jurisdiction to set bail pending appeal. The State says the cited rule is intended to cover that factual situation, and that once the appeal is perfected, the trial court loses jurisdiction to entertain a motion for supersedeas pending appeal.
Florida Rule of Criminal Procedure 3.691 states that persons convicted of any offense, not capital “. . . may be released, pending review of the conviction, at the discretion of either the trial or the appellate court ... ”, but it does not attempt to define when the jurisdiction of the trial court ends. Florida Rule of Appellate Procedure 9.600(a) provides that prior to the time the record is transmitted, the lower tribunal shall have concurrent jurisdiction with the court to render orders on any procedural matter relating to the cause. Is a motion to set bail pending appeal a procedural matter within the purview of Florida Rule of Appellate Procedure 9.600(a),1 or is the entitlement to bail after conviction and pending appeal completely within the jurisdiction of the appellate court after the judgment is rendered and the appeal perfected? 2
We need not decide now how these various rules interact with each other because the question is not properly before us in this case. Taking the broadest view of the issue, the trial court’s concurrent jurisdiction would in any event terminate when the record is transmitted to this court, as has occurred here. Therefore, under any interpretation, the trial court was correct in holding that it had no jurisdiction, in the posture of this case, to grant bail pending appeal.
We therefore grant the motion and relinquish jurisdiction to the trial court for a period of thirty (30) days for the express purpose of ruling on the motion to set bail pending appeal. In so doing, we retain jurisdiction of all other proceedings in this appeal so that the appellate procedure may progress without delay. By authorizing the trial court to hear the motion, we have not considered or decided the merits of the motion, nor do we intend this opinion as any indication of what ruling should be made. The trial court shall make the initial determination of the question as required by law.
DAUKSCH, C. J. and SHARP, J., concur. . In a different context, it has been held that entitlement to bail pending appeal is a procedural matter amenable to court rule. See Bamber v. State, 300 So. 2d 269 (Fla.2d DCA 1974), cert. dismissed, 311 So. 2d 672 (Fla.1975).
. Cf. Laurich v. State, 376 So. 2d 408 (Fla. 1st DCA 1979) where the court held that the trial court lacked jurisdiction to revoke bail pending appeal after the record on appeal and briefs had been filed with the appellate court.
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Citator
Cited By
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Peacock v. State, 798 So. 2d 909 (Fla. 5th DCA 2001)…, C.J., COBB and PETERSON, JJ. concur. . The trial court had jurisdiction to revoke the supersedeas bond since the record on appeal [*912] had not been transmitted to the appellate court at the time the court entered its order. See Taylor v. State, 401 So. 2d 811, 812, n. 2 (Fla. 5th DCA 1981); Laurich v. State, 376 So. 2d 408 (Fla. 1st DCA 1979). . As the appeal has been perfected, any future motion to revoke bond should be filed in the appeal and made to this court, which could then determine whether reli…
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Mansuri-Mason v. State, 98 So. 3d 68 (Fla. 2d DCA 2010)…court. The trial court dismissed the motion, reasoning that because the record had been transmitted to the appellate court, the trial court was without concurrent jurisdiction to address the motion. The court based the dismissal on Taylor v. State, 401 So. 2d 811, 812 (Fla. 5th DCA 1981). In Taylor, the Fifth District relied on rule 9.600(a)2 to hold that the trial court’s concurrent jurisdiction terminates when the record is transmitted to the appellate court. The trial court also cited to Peacock v. State,…
Authorities Cited
- Williams v. State, 324 So. 2d 74 (Fla. 1975)
- Bamber v. State, 300 So. 2d 269 (Fla. 2d DCA 1974)
- Laurich v. State, 376 So. 2d 408 (Fla. 1st DCA 1979)
- Reed v. State, 311 So. 2d 672 (Fla. 1975)
- Bamber v. State, 311 So. 2d 672 (Fla. 1975)