FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLANT,
v.
MID CONTINENT ELECTRIC, APPELLEE
FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLANT,
MID CONTINENT ELECTRIC, APPELLEE
866 So. 2d 774
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of January 9, 2004, the Court has determined that the order on appeal is not a final order. Specifically, because the order “does not become effective until all contract required documents have been submitted,” judicial labor appears to remain. See Ponton v. Gross, 576 So. 2d 910, 911 (Fla. 1st DCA 1991). Accordingly, the appeal is hereby dismissed for lack of jurisdiction.
KAHN, BENTON and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clemons v. State, 3 So. 3d 364 (Fla. 2d DCA 2009)…ee Ortiz v. State, 768 So. 2d 1177 (Fla. 2d DCA 2000). A timely motion to withdraw plea delays rendition of a defendant’s judgment and sentence until the trial court [*366] files a signed, written order disposing of the motion. See Wofford v. State, 866 So. 2d 774, 775 (Fla. 1st DCA 2004) (granting belated appeal to proceed as seeking review of the underlying judgment and sentence for which rendition was postponed pending order denying defendant’s timely motion to withdraw plea); see also Haber v. State, 961…
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Smallwood v. State, 911 So. 2d 849 (Fla. 1st DCA 2005)…ncing pursuant to Florida Rule of Criminal Procedure 3.170 delays rendition of the final order imposing judgment and sentence until the trial court files a signed, written order disposing of the motion. Fla. R.App. P. 9.020(h); see Wofford v. State, 866 So. 2d 774, 775 (Fla. 1st DCA 2004). Therefore, the appellant’s timely motion to withdraw his plea delayed rendition of his judgment and sentence and the instant motion was timely filed within two years. The appellant’s claim is facially sufficient: he allege…
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Barrow v. State, 98 So. 3d 218 (Fla. 1st DCA 2012)…PER CURIAM. Petitioner is granted a belated appeal of the judgment and sentence rendered on December 7, 2010, in Duval County Circuit Court case number 2010-CF-009949. See Wofford v. State, 866 So. 2d 774, 775 (Fla. 1st DCA 2004) (granting belated appeal to proceed as seeking review of the underlying judgment and sentence for which rendition was postponed pending order denying defendant’s timely motion to withdraw plea). Upon issuance of mandate in t…
Authorities Cited
- Alfonson Detroy Ponton and Reginald J. Williams v. Officer B.E. Gross, 576 So. 2d 910 (Fla. 1st DCA 1991)