DREAM BOAT, INC., PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF REVENUE, RESPONDENT
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A trial court lacked jurisdiction to enter a second final judgment on March 26 after a first final judgment on March 8 had been appealed, and the appellate court granted certiorari to quash the second judgment and proceed with review of the first.
A trial court loses jurisdiction to enter further final judgments once a final judgment has been appealed and notice of appeal filed.
[1] A trial court is divested of jurisdiction to enter a final judgment once a notice of appeal from a prior final judgment in the same cause has been filed.
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Join FLexlaw to unlock all legal intelligenceDream Boat, Inc. obtained a final summary judgment against the Florida Department of Revenue on March 8, 2002, filed a notice of appeal on March 22, 2…
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PER CURIAM.
On March 8, 2002, a final summary judgment was entered in litigation between Dream Boat, Inc. and the Florida Department of Revenue in the Circuit Court for Leon County. Dream Boat, Inc. appealed that order to this court in case number 1D02-1253. The notice of appeal was filed March 22, 2002. On March 26, 2002, the circuit court entered a second final judgment in the same case. Dream Boat, Inc. petitions this court for a writ of certiorari, arguing that the March 8 judgment was a final judgment and an end to the judicial labor in the cause. We agree. State Farm Mutual Automobile Insurance Co. v. Open MRI, Inc., 780 So. 2d 389 (Fla. 5th DCA 2001); McQuaig v. Wal-Mart Stores, Inc., 789 So. 2d 1215 (Fla. 1st DCA 2001). We also agree with petitioner’s contention that the March 26 order was entered by the trial court in the absence of jurisdiction because of the pending appeal. Hudson v. Hofmann, 471 So. 2d 117 (Fla. 2d DCA 1985); Palma Sola Harbour Condominium, Inc. v. Huber, 374 So. 2d 1135 (Fla. 2d DCA 1979).
The petition for writ of certiorari is granted and the final judgment of March 26, 2002, is quashed. This court’s case number 1D02-1253 shall proceed for review of the final summary judgment of March 8, 2002.
PETITION GRANTED.
KAHN, BENTON and BROWNING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Palma Sola Harbour Condo., Inc. v. Huber, 374 So. 2d 1135 (Fla. 2d DCA 1979)
- Hudson v. Hofmann, 471 So. 2d 117 (Fla. 2d DCA 1985)
- McQUAIG v. Wal-Mart Stores, Inc., 789 So. 2d 1215 (Fla. 1st DCA 2001)