JANICE MADDOX, APPELLANT,
v.
JON D. CAMINEZ AND PAUL D. SRYGLEY, APPELLEES

Fla. 1st DCA | 1986-12-15
No. BK-106
THOMPSON and WIGGINTON, JJ., concur.
498 So. 2d 680 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 14 cases
Topics
Motion For Rehearing Notice Of Appeal Jurisdiction

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Opinion of the Court
SMITH, Judge.

SMITH, Judge.

Appellant appeals the circuit court’s order dismissing her lawsuit for failure to prosecute and the order denying her motion for rehearing.

Appellant filed a timely motion for rehearing, and while it was pending, she filed a notice of appeal. The trial court subsequently denied the motion for rehearing, citing jurisdictional grounds, inasmuch as appellant had filed a notice of appeal.

The jurisdictional issue is controlled by Lloyd v. Harrison, 489 So. 2d 856 (Fla. 1st DCA 1986), wherein we held that this court lacked jurisdiction to entertain an appeal until the trial court had ruled on a motion for rehearing which was pending when the notice of appeal was filed. Once the trial court has ruled on the motion, appellant is directed to supplement the record on appeal with the court’s disposition of the matter. Since we reverse on the jurisdictional issue, other issues raised by appellant are not considered.

THOMPSON and WIGGINTON, JJ., concur.

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  • Smith v. State, 28 So. 3d 838 (Fla. 2009)
    …exploitation of a vulnerable adult.”); ch. 85-53, Laws of Fla. (preamble) (“WHEREAS, children are in need of special protection as victims or witnesses in the judicial system as a result of their age and vulnerability ....”); see also Leon v. State, 498 So. 2d 680, 682 (Fla. 3d DCA 1986) (“All children under the age of twelve are, by definition, children of tender age who are particularly vulnerable to acts of child abuse.”). We hold that section 921.141(5)(Z) is constitutional. H. Avoid Arrest Aggravating C…
  • Mathis v. State, 682 So. 2d 175 (Fla. 1st DCA 1996)
    …tion to relate the former rather than the latter, so as to be competent to testify in court. See, e.g., Rivet v. State, 556 So. 2d 521 (Fla. 5th DCA 1990) (^-year-old alleged victim competent to testify in sexual battery prosecution); Leon v. State, 498 So. 2d 680 (Fla. 3d DCA 1986) (5-year-old alleged victim competent to testify in sexual battery prosecution). In fact, in this case, the trial court concluded, we believe correctly, that the alleged victim was competent to testify. On this issue, our standard…
  • Bailey v. State, 559 So. 2d 604 (Fla. 3d DCA 1990)
    …evidence appears in the record, other than the blanket assertion of the court, as to the type of trauma suffered by the victim. Without such evidence, that reason for departure is invalid. Harris v. State, 531 So. 2d 1349 (Fla.1988); Leon v. State, 498 So. 2d 680 (Fla. 3d DCA 1986); Brunson v. State, 492 So. 2d 1155 (Fla. 3d DCA 1986); Smith v. State, 526 So. 2d 1060 (Fla. 1st DCA 1988); Roseman v. State, 519 So. 2d 1129 (Fla. 5th DCA 1988); Salas v. State, 544 So. 2d 1040 (Fla. 4th DCA 1989). For these rea…

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