JAMES BILLIE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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James Billie sought a writ of certiorari to quash a circuit court decision that reversed a county court's oral dismissal of criminal charges. The appellate court held that the circuit court lacked jurisdiction to hear the state's appeal because the county court's dismissal order had never been reduced to writing, and an order is not appealable until rendered in written form.
The circuit court lacked jurisdiction to hear the state's appeal because a trial court's order is not appealable until it is rendered in writing and filed with the clerk. Since no written order of dismissal was ever entered, the county court's order could not be appealed, and the circuit court acted in excess of its jurisdiction.
[1] An order is not appealable until it has been reduced to writing and filed with the clerk.
[2] A circuit court acts in excess of its jurisdiction when it reviews an order that has not been rendered by the trial court.
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Join FLexlaw to unlock all legal intelligence“A trial court's order is not appeal-able until it is rendered.”
Establishes the foundational rule that orders must meet rendition requirements before they can be appealed
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Join FLexlaw to unlock all legal intelligenceThe state filed an information against Billie in Hendry County Court on December 13, 1983, charging him with unlawfully taking, possessing, transporti…
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SCHEB, Judge.
Petitioner James Billie seeks a writ of common law certiorari to quash the circuit court’s decision on the ground that it did not have jurisdiction to act. We have jurisdiction under Florida Rule of Appellate Procedure 9.030(b)(2)(B).
The state filed an information against Billie in the County Court for Hendry County on December 13, 1983. The information charged that Billie “did unlawfully take, possess, transport or sell, or attempt to engage in such conduct, an endangered species or part thereof as defined in F.A.C. [Florida Administrative Code] 39-1.04(24), to-wit: Florida Panther (Felis Concolor Co-ryl), without specific permit from the executive director, as prohibited in F.A.C. 39-27.02(1).” The county court orally granted Billie’s motion to dismiss this charge; however, the court did not enter a written order of dismissal.
Subsequently, the state filed a notice of appeal in the circuit court seeking review of the oral order of dismissal. The circuit court, sitting in its appellate capacity, entered a written opinion reversing the county court’s dismissal. After the court denied Billie’s motion for rehearing or clarification, he filed this timely petition for writ of certiorari.
Billie argues that the circuit court lacked jurisdiction to hear the state’s appeal, because the county court’s order had not been reduced to writing. We agree.
A trial court’s order is not appeal-able until it is rendered. Fla.R.App.P. 9.140(c)(2); State v. Wells, 326 So. 2d 175 (Fla.1976). Rendition does not occur until the order has been reduced to writing and filed with the clerk. Fla.R.App.P. 9.020(g). As the state concedes, no written order of dismissal was rendered. Consequently, we hold that the circuit court acted in excess of its jurisdiction in rendering its decision. See Wells; Phillips v. Albertson’s, Inc., 472 So. 2d 513 (Fla. 2d DCA 1985); Grant v. State, 438 So. 2d 956 (Fla. 4th DCA 1983).
We have not overlooked the state’s citation to Williams v. State, 324 So. 2d 74 (Fla.1975). There, the Florida Supreme Court held that a prematurely filed notice of appeal shall not be subject to dismissal. Williams, 324 So. 2d at 79. As the supreme court noted in Wells, 326 So. 2d at 176, Williams does not apply where the order sought to be reviewed has never been reduced to writing.
Accordingly, we quash the circuit court’s decision.
RYDER, C.J., and HALL, JJ., concur.
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State v. Sullivan, 640 So. 2d 77 (Fla. 2d DCA 1994)…miss this appeal.1 See Moore. In closing, we again remind counsel that “[a] trial court’s order is not appealable until it is rendered. Rendition does not occur until the order has been reduced to writing and filed with the clerk.” Billie v. State, 473 So. 2d 34, 34-35 (Fla. 2d DCA 1985) (citations omitted). If a trial court fails or refuses to enter a written order that is needed for an appeal, counsel has the remedy of filing a motion or a petition for writ of mandamus with this court to compel the trial…
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Gibson v. State, 642 So. 2d 43 (Fla. 2d DCA 1994)…mped order on the last page of the motion. The record does not reflect that the order was ever rendered by filing it with the clerk as required by Florida Rule of Appellate Procedure 9.020(g). Therefore, the order is not appealable. Billie v. State, 473 So. 2d 34 (Fla. 2d DCA 1985). We have previously outlined the confusion caused by, and the deficiencies resulting from, the use of rubber-stamped orders. State v. Sullivan, 640 So. 2d 77 (Fla. 2d DCA 1994) (dismissing appeal from “order” that trial court ru…
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Jaquelyn Frances Hart v. State, 516 So. 2d 58 (Fla. 2d DCA 1987)…as is required by section 775.089(6), Florida Statutes (1985), her financial resources when imposing restitution. Because an order of restitution has not been rendered in this cause, this argument is not properly before this court. Billie v. State, 473 So. 2d 34 (Fla. 2d DCA 1985). The appellant also argues that the trial court did not have jurisdiction to im [*59] pose restitution and a supplemental fine pursuant to section 812.032, Florida Statutes (1985). As we have noted, restitution was not imposed in…
Previewing 3 of 7 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)
- State v. Wells, 326 So. 2d 175 (Fla. 1976)
- Wiley Phillips v. Albertson's, Inc., 472 So. 2d 513 (Fla. 2d DCA 1985)
- Rodriguez v. State, 438 So. 2d 956 (Fla. 4th DCA 1983)
- Grant v. State of Fla. & Cleve A. Mobley, 438 So. 2d 956 (Fla. 4th DCA 1983)