PATRICK THARP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PATRICK THARP, APPELLANT,
STATE OF FLORIDA, APPELLEE
646 So. 2d 856
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction and sentence, except to the extent that we strike from the judgment the assessment of $200 for prosecution costs. Gant v. State, 640 So. 2d 1180 (Fla. 4th DCA 1994).
HERSEY, POLEN and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Durie v. Hanson, 691 So. 2d 485 (Fla. 5th DCA 1997)…is motion waives the issue on appeal. Courts have steadfastly declared that the filing of a notice of dismissal divests the trial court of jurisdiction, and therefore the order dismissing the case with prejudice is a nullity. See Goldberg v. Howard, 646 So. 2d 856, 856 (Fla. 4th DCA 1995) (finding that trial court was stripped of jurisdiction upon filing of notice of voluntary dismissal, and thus, subsequently entered order dismissing case with prejudice was nullity); Homestead Ins. Co. v. Poole, Masters & Go…
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Aero TOY Store, Inc. v. The Sherwin-Williams Co., 725 So. 2d 1267 (Fla. 4th DCA 1999)…being tried before a jury or submitted to the court for decision. Thus, upon Aero’s filing of a notice of voluntary dismissal, the trial court was divested of jurisdiction to enter an order dismissing the case with prejudice. See Goldberg v. Howard, 646 So. 2d 856 (Fla. 4th DCA 1995). Further, since Aero’s voluntary dismissal should have been without prejudice, an award of attorneys’ fees pursuant to Section 768.79, Florida Statutes was improper. See MX Investments, Inc. v. Crawford, 700 So. 2d 640 (Fla.1997)…
Authorities Cited
- Gant v. State, 640 So. 2d 1180 (Fla. 4th DCA 1994)