JAMES K. KESSLER, THE CITIZENS TO PRESERVE NAPLES BAY, THE SAVE THE MANATÉE CLUB, THE ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, AND THE RESPONSIBLE GROWTH MANAGEMENT COALITION, APPELLANTS,
v.
CITY OF NAPLES, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, AND INTERVENER, COLLIER ENTERPRISES, LTD., APPELLEES
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The court held that a trial court lacks jurisdiction to enter a final order disposing of a case while an appeal of a non-final order in the same case is pending.
Appellants challenged a final order dismissing their case. This order was entered while a prior appeal concerning a denial of a temporary injunction w…
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STRINGER, Judge.
Appellants challenge a final order dismissing their case against the City of Naples. We, sua sponte, dismiss this appeal and vacate the trial court’s order because it was entered while an appeal was pending in this court.
In appellate case number 2D99-2132, which remains pending in this court, appellants challenge the trial court’s order denying their motion for temporary injunction and/or preliminary injunctive relief. During the pendency of the appeal, the trial court entered a final order dismissing the entire case. That order is the subject of the present appeal.
Florida Rule of Appellate Procedure 9.130(f) provides that, “In the absence of a stay, during the pendency of a review of a non-final order, the lower tribunal may proceed with all matters, including trial or final hearing; provided that the lower tribunal may not render a final order disposing 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 and dismiss this appeal.
Final order vacated; appeal dismissed.
CAMPBELL, A.C.J., and PARKER, J., Concur.
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Dragomirecky v. Town OF Ponce Inlet, 891 So. 2d 633 (Fla. 5th DCA 2005)…Katz v. NME Hospitals, Inc., 791 So. 2d 1127 (Fla. 4th DCA 2000)(holding that even though non-final appeal was ultimately dismissed, circuit court was without jurisdiction to enter final judgment while appeal was pending); Kessler v. City of Naples, 779 So. 2d 378 (Fla. 2d DCA 2000)(holding that final order dismissing case while non-final appeal was pending was entered without jurisdiction and is a nullity); Sears Termite & Pest Control, Inc. v. Arnold, 743 So. 2d 597 (Fla. 1st DCA 1999)(holding that trial co…
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Tynan v. Dep't of Hwy. Safety & Motor Vehicles, 909 So. 2d 991 (Fla. 5th DCA 2005)…Hospitals, Inc., 791 So. 2d 1127 (Fla. 4th DCA 2000) (holding that even though a non-final appeal was ultimately dismissed, the circuit court was without jurisdiction to enter final judgment while the appeal was pending); Kessler v. City of Naples, 779 So. 2d 378 (Fla. 2d DCA 2000) (holding that a final order dismissing a case while non-final appeal was pending was entered without jurisdiction and was a nullity); Sears Termite & Pest Control, Inc. v. Arnold, 743 So. 2d 597 (Fla. 1st DCA 1999) (holding that t…
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Benjamin v. Fore, 995 So. 2d 543 (Fla. 2d DCA 2008)…ate the judgment and dismiss the appeal. Napoleonic Soc’y of Am., Inc. v. Snibbe, 696 So. 2d 1243 (Fla. 2d DCA 1997) (calling final judgment a nullity when circuit court lacked jurisdiction due to pending nonfinal appeal); Kessler v. City of Naples, 779 So. 2d 378 (Fla. 2d DCA 2000). As the Fourth District has explained, “jurisdiction is not a question a court can take or leave, and a judgment entered without jurisdiction is void.” Esposito v. Horning, 416 So. 2d 896, 898 (Fla. 4th DCA 1982) (reversing nonfin…
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
- The 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)