ERIC W. MCGREW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Fifth District Court of Appeal dismissed McGrew's appeal for lack of jurisdiction because the notice of appeal was filed from a non-appealable jury verdict rather than from a final judgment, and certified to the Florida Supreme Court the question of whether filing a notice of appeal from a jury verdict can confer appellate jurisdiction over a subsequently entered judgment.
A notice of appeal filed from a jury verdict, rather than from a final judgment or appealable order, does not confer jurisdiction on an appellate court to review a judgment subsequently entered pursuant to that verdict.
[1] A jury verdict is not an appealable order, and filing a notice of appeal from a jury verdict does not confer jurisdiction on an appellate court to review a subsequently e…
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Join FLexlaw to unlock all legal intelligenceMcGrew was convicted by jury verdict on October 26, 1985. His notice of appeal, filed November 26, 1985, purported to appeal both the jury verdict and…
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COBB, Judge.
The notice of appeal filed in this cause on November 26, 1985, states as follows:
NOTICE IS HEREBY GIVEN that the Defendant, ERIC W. McGREW, hereby appeals to the District Court of Appeal, Fifth District of Florida, the jury verdict rendered October 26,1985, and the Order denying Defendant’s Motion for New Trial rendered the 26th day of November 1985.
Judgment and sentence were subsequently entered on December 4, 1985. A jury verdict is not appealable. McAllister v. State, 418 So. 2d 1203 (Fla. 5th DCA 1982), review denied, 429 So. 2d 6 (Fla.1983); Hannah v. State, 402 So. 2d 555 (Fla. 5th DCA 1981). In the instant case, while the notice of appeal recites an order denying a motion for new trial, it is conceded by the parties that no such order was ever entered of record. Since only the jury verdict remains of record, the case must be dismissed for lack of jurisdiction. Hannah; Hancock v. State, 402 So. 2d 428 (Fla. 5th DCA 1981); compare, Jones v. State, 423 So. 2d 520 (Fla. 5th DCA 1982).
We certify the following question to the Florida Supreme Court, pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), as passing upon a question of great public importance:
CAN THE FILING OF A NOTICE OF APPEAL FROM A JURY VERDICT GIVE JURISDICTION TO AN APPELLATE COURT TO REVIEW A JUDGMENT SUBSEQUENTLY ENTERED PURSUANT TO THAT VERDICT?
DISMISSED; QUESTION CERTIFIED.
SHARP and COWART, JJ., concur.
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Miller v. Hon. James T. Nelson, 550 So. 2d 1193 (Fla. 5th DCA 1989)…HORN, Judge. Petitioner seeks mandamus to compel the trial court to enter a final judgment so that he may appeal a judgment for costs 1 entered against him after an adverse jury verdict. A jury verdict is not an appeal-able order. McGrew v. State, 508 So. 2d 727 (Fla. 5th DCA 1987). Likewise, a judgment awarding costs after a jury verdict is not an appealable order. First National Bank of Lake City v. Landress, 102 Fla. 840, 136 So. 469 (1931); American Soda Fountain Co. v. Plaza Marina, 102 Fla. 877, 136 S…
Authorities Cited
- Jones v. State, 423 So. 2d 520 (Fla. 5th DCA 1982)
- McALLISTER v. State, 418 So. 2d 1203 (Fla. 5th DCA 1982)
- Hancock v. State, 402 So. 2d 428 (Fla. 5th DCA 1981)
- SUN First Nat'l Bank OF Orlando v. Gieger, 402 So. 2d 428 (Fla. 5th DCA 1981)
- Sunny S. Aircraft Serv., Inc. v. Inversiones, 402 So. 2d 555 (Fla. 4th DCA 1981)