EUGENE ANDREW KOLEK
v.
STATE OF FLORIDA
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Appellant Eugene Andrew Kolek challenged a restitution order entered by the trial court while his plenary appeal was pending. The court held that the trial court lacked jurisdiction to enter the restitution order, reversed it, and remanded for the trial court to conduct a new restitution hearing.
The trial court lacked jurisdiction to enter a restitution order because the filing of a notice of appeal divests the trial court of jurisdiction to enter a restitution order. The court reversed the restitution order and remanded the case for the trial court to conduct another restitution hearing.
[1] A trial court is divested of jurisdiction to enter a restitution order upon the filing of a notice of appeal.
[2] An order of restitution entered while a plenary appeal is pending is void for lack of jurisdiction.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a "party's filing of a notice of appeal divests the trial court of jurisdiction to enter a restitution order."”
Establishes the controlling legal principle that the trial court loses jurisdiction over restitution matters once a notice of appeal is filed
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Join FLexlaw to unlock all legal intelligenceThe trial court entered a restitution order on April 4, 2023. At the time the order was entered, Appellant had filed a notice of appeal and a plenary …
The full statement of facts, procedural history, and disposition for this case are member content.
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case No. 6D2024-2086 Lower Tribunal No. 2022-MM-000604
EUGENE ANDREW KOLEK,
Appellant,
V.
STATE OF FLORIDA,
Appellee.
Appeal from the County Court for Highlands County. Anthony L. Ritenour, Judge.
February 26, 2026
PER CURIAM.
Appellant, Eugene Andrew Kolek, appeals an order of restitution dated April 4, 2023, on the basis that the trial court lacked jurisdiction to enter it because his plenary appeal was then pending. Appellee, the State of Florida, confesses error in its brief, and agrees with Appellant that the "trial court lacked jurisdiction to hold the restitution hearing or enter an order of restitution" and that the “case should be remanded back to the trial court where another restitution hearing may be conducted."
It is a generally accepted principle that a "party's filing of a notice of appeal divests the trial court of jurisdiction to enter a restitution order." *Jenkins v. State*, 954 So. 2d 738, 738 (Fla. 2d DCA 2007). Accordingly, we accept the State's confession of error, reverse the trial court's order on restitution and remand for further proceedings. On remand, the trial court may conduct another hearing for restitution. *See Nguyen v. State*, 655 So. 2d 1249, 1250 (Fla. 1st DCA 1995).
REVERSED and REMANDED with directions.
WHITE, SMITH and BROWNLEE, JJ., concur. Blair Allen, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Christopher Manon, Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sang Van Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995)
- Jenkins v. State, 954 So. 2d 738 (Fla. 2d DCA 2007)