BURRIS CHEMICAL, INC., APPELLANT,
v.
CHARLOTTE MCCOOMBS WHITTED, APPELLEE
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The trial court loses jurisdiction to proceed with a new trial once an appeal of the order granting a new trial is filed.
Appellant appealed an order granting a new trial. While the appeal was pending, the trial court reset the case for trial. Appellant sought a stay of t…
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DOWNEY, Judge.
This cause involves an appeal pursuant to Florida Rule of Appellate Procedure 9.110(a)(3) to review an order of the trial court granting a new trial in a civil case. Pending that appeal the trial court has reset the case for trial. Appellant sought a stay of the proceeding in the trial court without success and now seeks review of said order denying a stay of the trial court proceeding.
An order granting a motion for new trial in a civil case is appealable as a final judgment to the extent possible. Bowen v. Willard, 340 So. 2d 110 (Fla.1976). Upon filing a notice of appeal with the lower tribunal within thirty days of rendition of the order or judgment, the jurisdiction of the cause then vests absolutely in the appellate court until such appeal has been finally disposed of. Pruitt v. Brock, 437 So. 2d 768 (Fla. 1st DCA 1983).
Accordingly, the trial court was without jurisdiction to proceed with a new trial of this cause and the proceeding below should be stayed until the appeal has been disposed of. Therefore, the order denying appellant’s motion to stay is reversed.
GLICKSTEIN and GUNTHER, JJ., concur.
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Cited By
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First Union Nat'l Bank OF Fla. v. Yost, 622 So. 2d 111 (Fla. 1st DCA 1993)…. [Citation omitted]. Thus, the parties will be deemed to have waived any matter reserved for future adjudication by the trial court, with the exception of attorney’s fees and costs. Id. (Emphasis added).5 See also Burris Chemical, Inc. v. Whitted, 485 So. 2d 37 (Fla. 4th DCA 1986) (upon filing a notice of appeal with the lower tribunal within 30 days of rendition of the order on judgment, the jurisdiction of the cause vests absolutely in the appellate court until such appeal has finally been disposed of).…
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Dixie Towing Corp. v. Oren L. Mobley and Evelyn Mobley, 590 So. 2d 1090 (Fla. 1st DCA 1991)…t the relief sought by petitioner. An order granting a motion for new trial is appealable as a final judgment to the extent possible and the filing of the notice of appeal vests jurisdiction in the appellate court. Burris Chemical, Inc. v. Whitted, 485 So. 2d 37 (Fla. 4th DCA 1986). We find that the trial court was without jurisdiction to permit plaintiffs to amend their complaint and prohibition is appropriate to prevent the trial court from entertaining that motion.1 On the other hand, we do not believe…
Authorities Cited
- Pruitt v. Brock, 437 So. 2d 768 (Fla. 1st DCA 1983)
- Bowen v. Willard, 340 So. 2d 110 (Fla. 1976)