RUSSELL WARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RUSSELL WARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
405 So. 2d 503
Florida District Court of Appeal, Second District (1981)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Affirmed. However, we remand to the trial court to vacate the amended judgment and sentence as the trial court was without jurisdiction. The trial court amended the judgment and sentence after appellant had filed a notice of appeal, thereby vesting exclusive jurisdiction in this appellate court. Gonzalez v. State, 384 So. 2d 57 (Fla. 4th DCA 1980). Although the mitigated sentence is now vacated, the trial judge may now impose an amended judgment and sentence within sixty days of receipt of this court’s mandate. Fla.R.Crim.P. 3.800.
It should also be noted that appellant has abandoned all points on his appeal except the point concerning his mitigated sentence.
SCHEB, C. J., and HOBSON and CAMPBELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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T.A.W. v. State, 455 So. 2d 582 (Fla. 5th DCA 1984)…r at any time prior to the child’s discharge from commitment. . W.Y. v. State, 414 So. 2d 659 (Fla. 1st DCA 1982); L.J.N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982); see also T.S.J. v. State, 439 So. 2d 966 (Fla. 1st DCA 1983). . Ward v. State, 405 So. 2d 503 (Fla. 2d DCA 1982); Gonzalez v. State, 384 So. 2d 57 (Fla. 4th DCA 1980).…
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Holland v. Courtesy Corp. & Adjustco, Inc., 563 So. 2d 787 (Fla. 1st DCA 1990)…. As a general rule, once an appeal of a final order or judgment has been perfected, the lower tribunal loses jurisdiction of the case until all appellate [*789] proceedings have been completed and mandate has issued to that tribunal. Ward v. State, 405 So. 2d 503 (Fla. 2d DCA 1981). Rule 4.200, Florida Workers’ Compensation Rules of Procedure, makes this principle applicable in workers’ compensation proceedings. In workers’ compensation proceedings, discovery by deposition may be had as provided in the Flori…
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City of Miami Beach v. Guyton (Fla. 3d DCA 2024)…ecisely what it was authorized to do (obtain a written order of dismissal from the trial court) and could not lodge an objection to (or seek rehearing of) the trial court’s oral pronouncement dismissing the charge against Guyton. See Ward v. State, 405 So. 2d 503 (Fla. 2d DCA 1981) (the filing of a notice of appeal from a final order vests exclusive jurisdiction in the appellate court, and a trial court is without jurisdiction to amend that final order absent a relinquishment of jurisdiction for such a state…
Authorities Cited
- Fuse v. State, 384 So. 2d 57 (Fla. 4th DCA 1980)