GLENN SMITH, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
Explore caselaw by topic → Browse Declaratory Judgment cases and more on FLexlaw
PER CURIAM.
The appellant challenges the trial court’s denial of his complaint for declaratory judgment. Because we find that the appellant has sufficiently stated a cause of action pursuant to Martinez v. Scanlan, 582 So. 2d 1167 (Fla.1991), and May v. Holley, 59 So. 2d 636 (Fla.1952), and because the appellant is seeking an appropriate remedy in the circuit court, see, e.g., Vaughn v. Department of Corrections, 754 So. 2d 752 (Fla. 1st DCA 2000), we reverse and remand for further proceedings.
The appellant filed an amended notice of appeal in response to the trial court’s entering a second order on August 23, 1999, again denying the complaint. Because this second order was entered after the appellant filed his initial notice of appeal, it is void for lack of jurisdiction and we do not consider it.
REVERSED and REMANDED.
ALLEN, LAWRENCE and BENTON, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. Fla. Dep't OF Corr., 797 So. 2d 1272 (Fla. 1st DCA 2001)…CURIAM. Pursuant to Florida Rule of Appellate Procedure 9.400(c), the appellant challenges an order by which the trial court, denied his motion to tax appellate costs following issuance of our mandate in Smith v. Florida Department of Corrections, 763 So. 2d 1264 (Fla. 1st DCA 2000). The trial court concluded that costs should not be taxed because the appellant had not prevailed on any significant issues on appeal and because the merits of his complaint had not been considered or adjudicated. We reverse the…
-
McCLINTOCK v. Chittenden Tr. Co., 906 So. 2d 350 (Fla. 4th DCA 2005)…)(where appeal of non-final order was pending and final order entered thereafter, appellate court lacked jurisdiction to entertain appeal of final order where no amended notice of appeal had been timely filed); see also Smith v. Fla. Dep’t of Corr., 763 So. 2d 1264 (Fla. 1st DCA 2000). This court lacks jurisdiction because no amended notice of appeal has been filed in this case. We, therefore, dismiss this appeal. Dismissed. STEVENSON, C.J., SHAHOOD and GROSS, JJ., concur.…
-
Smith v. Fla. Dep't OF Corr., 826 So. 2d 477 (Fla. 1st DCA 2002)…t. The circuit court dismissed the complaint based on its finding that Smith had not exhausted his administrative remedies. This issue was litigated in a prior appeal, and this court held in favor of Smith. See Smith v. Florida Dep’t of Corrections, 763 So. 2d 1264 (Fla. 1st DCA 2000); see also Smith v. Florida Dep’t of Corrections, 797 So. 2d 1272 (Fla. 1st DCA 2001). Under the law of the case doctrine, we reverse the decision of the circuit court and remand for further proceedings. ERVIN, WOLF and PADOVANO…
Authorities Cited
- Martinez v. Scanlan, 582 So. 2d 1167 (Fla. 1991)
- Vaughn v. Fla. Dep't OF Corr., 754 So. 2d 752 (Fla. 1st DCA 2000)