CONNOR REALTY, INC., OCEAN TERRACE CORP., ET AL., APPELLANTS/CROSS-APPELLEES,
v.
OCEAN TERRACE NORTH CONDOMINIUM ASSOCIATION, APPELLEE/CROSS-APPELLANT
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Trial court lacked jurisdiction to enter final judgments during pendency of interlocutory appeal; reversed and remanded without prejudice to reinstatement after appeal concludes.
A trial court may not enter final judgments or orders during the pendency of a non-final appeal, as such judgments are void for lack of jurisdiction.
[1] A trial court lacks jurisdiction to enter final judgments or orders while a non-final appeal is pending in the appellate court, and such judgments are void nullities.
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Join FLexlaw to unlock all legal intelligence“a trial court may proceed in a cause pending a non-final appeal and dispose of any matter not in form or effect interfering with the power and authority of the appellate court to make its jurisdiction effective, but the trial court may do so only short of final disposition”
Court explaining the scope of trial court authority during pendency of interlocutory appeal
Connor Realty and Ocean Terrace Corp. appealed an interlocutory order to this court, but the trial court entered final judgments and subsequent orders…
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PER CURIAM.
Only one point on appeal has merit. The trial court erroneously entered final judgments and subsequent orders during the pendency of an interlocutory appeal in this court. Florida Rule of Appellate Procedure 9.130(f) clearly states, and the case law holds, that a trial court may proceed in a cause pending a non-final appeal and dispose of any matter not in form or effect interfering with the power and authority of the appellate court to make its jurisdiction effective, but the trial court may do so only short of final disposition. E.g., M.A. Feldman & Company, Inc. v. Cohen, 537 So. 2d 720 (Fla. 4th DCA 1989); A.B.T. Corp., Inc. v. City of Fort Lauderdale, 533 So. 2d 1208 (Fla. 4th DCA 1988); Hirschorn v. Superior Realty of Florida, 450 So. 2d 510 (Fla. DCA 1984); Darden v. Police and Fire Civ. Service Bd., City of Riviera Beach, 423 So. 2d 543 (Fla. 4th DCA 1982); Esposito v. Horning, 416 So. 2d 896 (Fla. 4th DCA 1982).
The final judgment and subsequent orders were entered without jurisdiction and they are a nullity. Accordingly, we reverse the final judgments and subsequent orders and remand for further proceedings. However, the reversal is without prejudice to the reinstatement of final judgments and subsequent orders since the interlocutory appeal has now been concluded.
REVERSED AND REMANDED.
HERSEY, C.J., and WALDEN and GARRETT, JJ., concur.
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The Napoleonic Soc'y OF Am., Inc. v. Snibbe, 696 So. 2d 1243 (Fla. 2d DCA 1997)…So. 2d 548 (Fla. 3d DCA 1996); Imperatore v. NationsBank of Florida, N.A., 677 So. 2d 933 (Fla. 4th DCA 1996). Because the final summary judgment was entered without jurisdiction, it is a nullity. Connor Realty, Inc. v. Ocean Terrace North Ass’n, 572 So. 2d 4 (Fla. 4th DCA 1990). We, therefore, vacate the final summary judgment and dismiss this appeal. See MML Dev. Corp. v. Eagle Nat'l Bank of Miami, 597 So. 2d 968 (Fla. 5th DCA 1992). Final summary judgment vacated; appeal dismissed. PARKER, A.C.J.,…
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Kathy Ann Garcia-Lawson, Ph.D. v. Lawson, 82 So. 3d 137 (Fla. 4th DCA 2012)…ragomirecky v. Town of Ponce Inlet, 891 So. 2d 633, 634 (Fla. 5th DCA 2005) (“[A]n order entered without jurisdiction is a nullity, and cannot be considered harmless error.” (citations omitted)); Connor Realty, Inc. v. Ocean Terrace N. Condo. Ass’n, 572 So. 2d 4, 4 (Fla. 4th DCA 1990) (“[A] trial court may proceed in a cause pending a non-final appeal and dispose of any matter not in form or effect interfering with the power and authority of the appellate court to make its jurisdiction effective, but the tr…
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MML Dev. Corp v. Eagle Nat'l Bank OF Miami, 597 So. 2d 968 (Fla. 5th DCA 1992)…cause pending such review, (emphasis supplied) Under the rule, the trial court lacked jurisdiction to enter such a final order pending the final disposition of the non-final appeal. See Connor Realty, Inc. v. Ocean Terrace North Condominium Ass’n., 572 So. 2d 4 (Fla. 4th DCA 1990); Esposito v. Horning, 416 So. 2d 896 (Fla. 4th DCA 1982). We therefore vacate the order sought to be appealed in this case and dismiss this appeal. See, e.g., Sammons v. Sammons, 479 So. 2d 223 (Fla. 3d DCA 1985). SUMMARY JUDGM…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dep't of Health & Rehabilitative Servs. v. State, 416 So. 2d 896 (Fla. 4th DCA 1982)
- Esposito v. Horning, 416 So. 2d 896 (Fla. 4th DCA 1982)
- Hirschhorn v. Superior Realty OF Fla., Inc., 450 So. 2d 510 (Fla. 4th DCA 1984)
- Darden v. Police & Fire Civil Serv. Bd., 423 So. 2d 543 (Fla. 4th DCA 1982)
- Guerrier v. State, 533 So. 2d 1208 (Fla. 4th DCA 1988)
- M.A. Feldman & Co., Inc. v. Jacques Cohen & Lancetti Cosmetics, Inc., 537 So. 2d 720 (Fla. 4th DCA 1989)
- Arne v. State, 537 So. 2d 720 (Fla. 1st DCA 1989)