CARL HUDSON, CHERYL LEA BATTEY, ET AL., PETITIONERS,
v.
HERBERT HOFMANN AND ARLENE HOFMANN, D/B/A HARBOR LIGHTS MOBILSITES, RESPONDENTS
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Petitioners challenged an order awarding a utilities assessment in a mobile home park case. The court held that the trial court lacked jurisdiction to enter the post-judgment order assessing the actual cost of improvements because appeals had been filed, divesting the trial court of jurisdiction without relinquishment from the appellate court.
The trial court was divested of jurisdiction once the notices of appeal were filed and lacked authority to enter the post-judgment order assessing the utilities improvements without relinquishment of jurisdiction from the appellate court.
[1] Common law certiorari is the proper procedural vehicle to review whether a lower court acted in excess of its jurisdiction.
[2] Once notices of appeal are filed, the lower court is divested of jurisdiction to proceed with matters related to the final judgment.
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Join FLexlaw to unlock all legal intelligence“Once the notices of appeal were filed, the lower court was divested of jurisdiction to proceed with matters related to the final judgment.”
Establishes the core principle that filing notices of appeal strips trial court jurisdiction over related matters
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Join FLexlaw to unlock all legal intelligenceRespondents owned a mobile home park. A declaratory judgment allowed respondents to pass the cost of permanent water and sewage improvements to tenant…
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GRIMES, Acting Chief Judge.
This is a petition for writ of certiorari to review an order awarding respondents an assessment for permanent utilities improvements.
A declaratory judgment was entered in consolidated cases which allowed respondents to pass on to petitioners, tenants at respondents’ mobile home park, the cost of permanent water and sewage improvements. The judgment recited that the lower court retained jurisdiction to enforce the judgment. Thereafter, in a petition for subsequent relief, respondents apprised the court of the actual cost of the project which was more than initially contemplated. Petitioners then filed timely notices of appeal directed to the original final judgment. After the notices of appeal were filed, a hearing was held at which testimony concerning the actual cost was taken. An order awarding respondents a definite utilities assessment recoverable from petitioners was subsequently entered.
Common law certiorari is the proper vehicle to review whether the lower court acted in excess of its jurisdiction. Ford Motor Co. v. Edwards, 363 So. 2d 867 (Fla. 1st DCA 1978); Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973), cert. denied, 296 So. 2d 51 (Fla.1974).
Once the notices of appeal were filed, the lower court was divested of jurisdiction to proceed with matters related to the final judgment. Wilson Realty, Inc. v. David, 369 So. 2d 75 (Fla. 2d DCA 1979).
Here, the postjudgment order was related to the original final judgment in that it awarded the specific assessment to which the respondents were held entitled under the final judgment. Since respondents did not request a relinquishment of jurisdiction to the trial court, the trial court was without jurisdiction when it acted after appeal was taken. Fla.R.App.P. 9.600(b); United Services Automobile Association v. Smolensky, 391 So. 2d 355 (Fla. 2d DCA 1980); Wilson Realty, Inc. We grant certiorari and quash the order awarding the assessment for permanent utilities improvements. Our holding does not preclude determination of the utilities improvements assessment provided relinquishment of jurisdiction is obtained from this court by proper motion.
DANAHY and LEHAN, JJ., concur.
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Cited By (22 total)
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Telisia Shaonte Kelley v. Rice, 800 So. 2d 247 (Fla. 2d DCA 2001)…, to condition that release in any manner, or to order her rearrest if she violates those conditions. To the extent that Judge Downey has entered an order in excess of his jurisdiction, we may review it by means of certiorari. See Hudson v. Hofmann, 471 So. 2d 117 (Fla. 2d DCA 1985). Insofar as Judge Downey has indicated an intent to continue exercising nonexistent jurisdiction over Ms. Kelley, we may prevent him from doing so by way of prohibition. See State ex. rel. Gillham v. Phillips, 193 So. 2d 26 (Fla.…
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Fla. Patient's Comp. Fund v. Scherer, 558 So. 2d 411 (Fla. 1990)…rt until after filing the notice of appeal. Morales v. Scherer, 528 So. 2d at 3. We agree. [*415] The trial court had no jurisdiction to proceed with matters related to the final judgment after the notice of appeal had been filed. Hudson v. Hofmann, 471 So. 2d 117 (Fla. 2d DCA), review denied, 480 So. 2d 1294 (Fla.1985). Moreover, as the district court noted, a motion to limit liability by limiting the judgment under section 768.54 must be made within ten days after entry of judgment as provided by Florida Ru…
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State v. Rhodes, 554 So. 2d 1229 (Fla. 2d DCA 1990)…jurisdiction to reduce the sentence [*1230] after the expiration of sixty days. White v. State, 404 So. 2d 804 (Fla. 2d DCA 1981). Because the proper vehicle to request review on such grounds is a common-law writ of certiorari, Hudson v. Hofmann, 471 So. 2d 117 (Fla. 2d DCA 1985), we treat this appeal as a petition for certiorari. See Fla.R.App.P. 9.040(c); Bridges v. Williamson, 449 So. 2d 400 (Fla. 2d DCA 1984). We grant the writ, quash the order of mitigation, and remand with instructions that the trial…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973)
- Peckham v. Good Life Enters., Inc., 363 So. 2d 867 (Fla. 2d DCA 1978)
- Wilson Realty, Inc. v. David, 369 So. 2d 75 (Fla. 2d DCA 1979)
- State v. Hilding, 296 So. 2d 51 (Fla. 1974)
- Wright v. Sterling Drug, Inc., 296 So. 2d 51 (Fla. 1974)
- United Servs. Auto. Ass'n v. Smolensky, 391 So. 2d 355 (Fla. 2d DCA 1980)