JAIME JACKSON KELLY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Simpson v. Simpson, 780 So. 2d 985 (Fla. 5th DCA 2001)
  …n thirty days of the filing of the judgment in the clerk’s office. If he had chosen the latter, this court would have been required to abate the appeal until the lower court disposed of the former wife’s motion for rehearing. See Maynard v. Maynard, 515 So. 2d 308 (Fla. 3d DCA 1987) (where former husband filed a motion to amend the final judgment and former wife filed a notice of appeal from the final judgment, the appellate court would abate the appeal and remand the case to the trial court to dispose of the…
• In re Forfeiture OF $104 v. Metro Dade Police Dep't, 578 So. 2d 727 (Fla. 3d DCA 1991)
  …n also applies to the pendency of the other side’s post-trial motion which, as has long been held, the appellant cannot deprive his opponent the ability to pursue. Seiferth v. Seiferth, 121 So. 2d 689, 690 (Fla. 3d DCA 1960); see Maynard v. Maynard, 515 So. 2d 308 (Fla. 3d DCA 1987). . The fact that the author is a late convert to this view, see Codomo, 372 So. 2d at 953 [*729] (Schwartz, J., dissenting), does not detract from the sincerity with which it is now held. . This ruling is in accordance with one…
• Parsons v. Whitaker Plumbing OF Boca Raton, 730 So. 2d 839 (Fla. 4th DCA 1999)
  …a subsequent fee judgment will not disturb the subject matter of the appeal. If questionable and upon request this court can relinquish jurisdiction to the trial court to permit it to amend a judgment, if appropriate. See, e.g., Maynard v. Maynard, 515 So. 2d 308 (Fla. 3d DCA 1987). The above does not alter the well settled principle that absent a stay or bond, the filing of a notice of appeal does not divest the trial court of jurisdiction to enforce a final order. FMS Management Sys. Inc. v. IDS Mortgage…