THE NAPOLEONIC SOCIETY OF AMERICA, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, AND PROCTOR JONES, APPELLANTS,
v.
ROBERT M. SNIBBE, RONALD TINLIN, DOUGLAS ALLAN, JOSEPH NICOLAZZO, ROBERT D. WILLIAMS, WALTER ETLING, AND THE NAPOLEONIC SOCIETY OF AMERICA FOUNDATION, INC., APPELLEES
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The court held that a trial court lacks jurisdiction to enter a final order while an appeal of a nonfinal order is pending.
Appellants appealed a nonfinal order vacating a temporary injunction. While that appeal was pending, the trial court entered a final summary judgment.…
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PER CURIAM.
We sua sponte dismiss the appeal in this cause. In appellate case number 96-04064, which remains pending in this court, the appellants, pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B), appealed the trial court’s order vacating the temporary injunction and returning the parties to the status quo. During the pendency of the appeal, the trial court entered final summary judgment which purported to dispose of the whole case. That order is the subject of the present appeal.
Florida Rule of Appellate Procedure 9.130(f) prohibits the trial court from rendering a final order during the pendency of appellate review of a nonfinal order. See Darden v. Police & Fire Civil Serv. Bd., City of Riviera Beach, 423 So. 2d 543 (Fla. 4th DCA 1982) (trial court without jurisdiction to enter final order disposing of cause where appeal of order denying motion to dissolve temporary injunction pending). See also Cappetta v. Fields, 683 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., and ALTENBERND and LAZZARA, JJ., concur.
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Kessler v. City OF Naples, 779 So. 2d 378 (Fla. 2d DCA 2000)…isposing of the cause pending such review.” The trial court, therefore, was without jurisdiction to enter a final order dismissing this case while appellants’ first appeal was still pending in this court. See Napoleonic Soc’y of Am., Inc. v. Snibbe, 696 So. 2d 1243 (Fla. 2d DCA 1997); Jones v. Jones, 703 So. 2d 501 (Fla. 1st DCA 1997). Since the order dismissing this case was entered without jurisdiction, it is a nullity. See Snibbe, 696 So. 2d 1243. We, therefore, vacate the final order dismissing this case…1 / 2
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Citizens Prop. Ins. Corp. v. Scylla Props., 946 So. 2d 1179 (Fla. 1st DCA 2006)…posing of the case’ while an appeal [of a non-final order] is pending. Fla. R.[]App. P. 9.130(f)(Committee Notes).”); Imperatore v. NationsBank of Fla., N.A., 677 So. 2d 933, 935 (Fla. 4th DCA 1996). See also Napoleonic Soc’y of Am., Inc. v. Snibbe, 696 So. 2d 1243, 1243 (Fla. 2d DCA 1997) (treating final order entered in violation of Rule 9.130(f) as a “nullity” and dismissing appeal therefrom sua sponte because Rule “9.130(f) prohibits the trial court from rendering a final order during the pendency of appel…
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Jones v. Jones, 703 So. 2d 501 (Fla. 1st DCA 1997)…der subsection (f), therefore, the “lower tribunal is divested of jurisdiction to enter a final order disposing of the case” while an appeal is pending. Fla. R.App. P. 9.130(f)(Committee Notes). See, e.g., Napoleonic Soc. of America, Inc. v. Snibbe, 696 So. 2d 1243 (Fla. 2d DCA 1997)(appellate court sua sponte dismisses appeal of final order because “[rule] 9.130(f) prohibits the trial court from rendering a final order during the pendency of appellate review of a nonfinal order” — an order rendered in violati…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Connor Realty, Inc. v. Ocean Terrace N. Condo. Ass'n, 572 So. 2d 4 (Fla. 4th DCA 1990)
- Darden v. Police & Fire Civil Serv. Bd., 423 So. 2d 543 (Fla. 4th DCA 1982)
- MML Dev. Corp v. Eagle Nat'l Bank OF Miami, 597 So. 2d 968 (Fla. 5th DCA 1992)
- Imperatore v. Nationsbank OF Fla., N.A., 677 So. 2d 933 (Fla. 4th DCA 1996)
- Cappetta v. Fields, 683 So. 2d 543 (Fla. 3d DCA 1996)