ROBERT F. ALLSTON, PETITIONER,
v.
STATE OF FLORIDA, THE HONORABLE WILLIAM NELSON, TWENTIETH JUDICIAL CIRCUIT JUDGE, THE HONORABLE JAMES THOMPSON, TWENTIETH JUDICIAL CIRCUIT JUDGE, THE HONORABLE CHARLIE GREEN, CLERK OF COURT, TWENTIETH JUDICIAL CIRCUIT, FRANK ALDERMAN, III, AND JOHN HENDRY, RESPONDENTS
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Robert Allston sought mandamus relief to compel the circuit court clerk to forward his notice of appeal after a trial judge determined the underlying order was not appealable and blocked its transmission to the appellate court. The court held that Allston's timely notice of appeal divested the circuit court of jurisdiction and that forwarding the notice is a ministerial duty of the clerk.
The court granted mandamus relief, holding that Allston's timely notice of appeal divested the circuit court of jurisdiction upon filing, that forwarding a notice of appeal is a ministerial duty of the clerk of circuit court, and that the clerk must forward Allston's notice of appeal to the appellate court.
[1] A timely filed notice of appeal invokes an appellate court's jurisdiction.
[2] Filing a notice of appeal with the lower court that issued the order to be reviewed invokes appellate jurisdiction.
Previewing 2 of 4 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“an appellate court's jurisdiction is invoked by a timely filing of a notice of appeal or a petition for certiorari in either the lower court that issued the order to be reviewed or the appellate court which would have jurisdiction to review the order.”
Establishes that jurisdiction is invoked by timely filing, supporting the court's holding that Allston's notice of appeal divested the trial court of jurisdiction.
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Join FLexlaw to unlock all legal intelligenceAllston filed a notice of appeal of a trial court order dated October 10, 1994, with Judge James R. Thompson. On November 7, 1994, Judge Thompson ente…
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PER CURIAM.
Robert Allston petitions this court for a writ of mandamus compelling Charlie Green, the clerk of the circuit court, to forward to this court his notice of appeal of an order entered October 14,1994.
Allston filed a notice of appeal of the trial court’s October 10, 1994, order with Judge James R. Thompson. Judge Thompson entered an order rendered November 7, 1994, which determined the October 14, 1994, order was not appealable and purported to prevent Allston’s notice of appeal from being filed in this court. Allston’s notice of appeal met the threshold requirements of Florida Rule of Appellate Procedure 9.110(d) and, upon filing, divested the circuit court of jurisdiction. Edward J. DeBartolo Corp. v. Dryvit Systems, Inc., 368 So. 2d 85 (Fla. 2d DCA 1979). See also Alfonso v. Department of Environmental Regulation, 616 So. 2d 44 (Fla.1993); Williams v. State, 324 So. 2d 74 (Fla.1975). In Alfonso v. Department of Environmental Regulation, the supreme court explained that:
[A]n appellate court’s jurisdiction is invoked by a timely filing of a notice of appeal or a petition for certiorari in either the lower court that issued the order to be reviewed or the appellate court which would have jurisdiction to review the order. 616 So. 2d at 47. Therefore, Allston’s filing of his notice with the circuit court complied with rule 9.110(b). Forwarding a notice of appeal is a ministerial duty of the clerk of circuit court. Martin v. Circuit Court, Seventeenth Judicial Circuit, 627 So. 2d 1298 (Fla. 4th DCA 1993). Accordingly, we grant the petition and direct the circuit court to forward Allston’s notice of appeal to this court.
BLUE, A.C.J., and QUINCE and WHATLEY, JJ., concur.
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City OF Tarpon Springs v. Planes, 30 So. 3d 693 (Fla. 2d DCA 2010)…o. 21, 22-23 (1936)). For example, the clerk of the circuit court has a ministerial duty to forward notices of appeal to the district court to continue the appellate procedure which the notice of appeal, if timely filed, commenced. Allston v. State, 685 So. 2d 1312, 1313 (Fla. 2d DCA 1996). Likewise in this case, agreeing to a modification of an agreement to build one mausoleum rather than the contractually approved three was not a ministerial duty of the City of Tarpon Springs; rather, it was purely a matter…
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Haines v. State, 805 So. 2d 972 (Fla. 2d DCA 2001)…es’s appeal was pending, the trial court entered an amended order elaborating on the reasons Mr. Haines’s motion was denied. The trial court lacked jurisdiction to enter the amended order, and it was therefore a nullity. See, e.g., Allston v. State, 685 So. 2d 1312 (Fla. 2d DCA 1996) (filing of notice of appeal divests trial court of jurisdiction); Albertson’s Inc. v. Ferrell, 647 So. 2d 242 (Fla. 1st DCA 1994) (holding that amended order which made more than clerical corrections was a nullity when it was ente…
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G.W. v. Rushing, 22 So. 3d 819 (Fla. 2d DCA 2009)…information provided by the circuit court clerk, it appears that the clerk failed to perform her ministerial duty when she did not transmit G.W.’s notice of appeal for a period of one year, until ordered to do so by this court. See Allston v. State, 685 So. 2d 1312, 1313 (Fla. 2d DCA 1996) (holding that forwarding a notice of appeal from the clerk of the lower tribunal to the appellate court is a ministerial duty). It is a fundamental principle of jurisprudence that a trial court does not have the authority to…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 324 So. 2d 74 (Fla. 1975)
- Cayetano E. Alfonso v. Dep't OF Env't Reg., 616 So. 2d 44 (Fla. 1993)
- Martin v. Cir. Court, 627 So. 2d 1298 (Fla. 4th DCA 1993)
- The Edward J. DeBARTOLO Corp. v. Dryvit Sys., Inc., 368 So. 2d 85 (Fla. 2d DCA 1979)
- Garcia v. Proefke-Nielson Constr. Co. & Reliance Ins. Co., 368 So. 2d 85 (Fla. 2d DCA 1979)