LEROY JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant challenges the trial court’s dismissal of his rule 3.800(a) motion for lack of jurisdiction. The trial court found that because appellant had a pending appeal of the trial court’s order denying his rule 3.800(a) motion, the trial court was without jurisdiction to hear appellant’s instant postconviction motion. However, as no appeal was pending with this Court, the trial court had jurisdiction to entertain appellant’s rule 3.800(a) motion. Cf Bates v. State, 704 So. 2d 562, 563 (Fla. 1st DCA 1997); Kimmel v. State, 629 So. 2d 1110, 1111 (Fla. 1st DCA 1994). Accordingly, the trial court’s order is reversed and appellant’s motion is remanded to the trial court for consideration on the merits.
REVERSED and REMANDED.
KAHN, C.J., LEWIS and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)…whether counts of a multi-count complaint are interrelated, so as to preclude a piecemeal appeal, is whether the counts arise from a set of common facts or a single transaction ...Harrison, 51 So. 3d at 1219-20 (quoting Mass. Life Ins. Co. v. Crapo, 918 So. 2d 393, 394 (Fla. 1st DCA 2006)). . The Final Judgment incorporated and ratified a settlement agreement in which the owners of Fair Isle agreed to certain restrictive covenants pertaining to the development of Fair Isle (the "Settlement Agreement”). A cop…
-
Harrison v. J.P.A. Enters., L.L.C., 51 So. 3d 1217 (Fla. 1st DCA 2011)…so as to preclude a piecemeal appeal, is whether the counts arise from a set of common facts or [*1220] a single transaction, not whether different legal theories or additional facts are involved in separate counts.’ ” Mass. Life Ins. Co. v. Crapo, 918 So. 2d 393, 394 (Fla. 1st DCA 2006) (quoting Lemon v. Groninger, 708 So. 2d 1025, 1027 (Fla. 5th DCA 1998)). Each count stated below arose from a single automobile accident. Dismissed. VAN NORTWICK and ROBERTS, JJ., concur.…
-
Marinich v. Special Edition Custom Homes, LLC, 1 So. 3d 1197 (Fla. 2d DCA 2009)…related, so as to preclude a piecemeal appeal, is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts.’ ” Mass. Life Ins. Co. v. Crapo, 918 So. 2d 393, 394 (Fla. 1st DCA 2006) (quoting Lemon v. Groninger, 708 So. 2d 1025, 1027 (Fla. 5th DCA 1998)). Generally, the existence of a compulsory counterclaim will render a judgment on the original complaint nonfinal for appeal purposes. See Madura v. Turo…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bates v. State, 704 So. 2d 562 (Fla. 1st DCA 1997)
- Kimmel v. State, 629 So. 2d 1110 (Fla. 1st DCA 1994)