ARTHUR KOSA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Kosa appeals a restitution order entered by the trial court after he had already filed a notice of appeal. The Fourth District Court of Appeal holds that the trial court lacked jurisdiction to enter the restitution order once the appeal was pending, and reverses and remands for a new restitution hearing.
A trial court lacks jurisdiction to enter a restitution order after a notice of appeal has been filed. Once a notice of appeal is filed, exclusive jurisdiction of the matter rests with the appellate court. However, because the trial court had reserved jurisdiction over the amount of restitution, the case is remanded to allow the trial court to conduct a new restitution hearing.
[1] A trial court lacks jurisdiction to hold a restitution hearing or enter an order of restitution after a notice of appeal has been filed.
[2] Filing a notice of appeal vests exclusive jurisdiction of the matter in the district court of appeal.
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Join FLexlaw to unlock all legal intelligence“Once a notice of appeal has been filed, exclusive jurisdiction of the matter is before the district court of appeal.”
Establishes the fundamental jurisdictional principle that appellate courts have exclusive jurisdiction once an appeal is filed
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Join FLexlaw to unlock all legal intelligenceKosa was charged with and found guilty of two counts of grand theft in the first degree. The trial court ordered initial restitution and reserved juri…
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POLEN, J.
Appellant, Arthur Kosa, appeals a final order of restitution, entered on March 23, 2005, nunc pro tunc to September 21, 2000. Kosa was originally charged with two counts of grand theft in the first degree, found guilty,-and ordered to pay restitution.
The trial court reserved jurisdiction to hold a subsequent hearing to determine whether additional restitution was necessary. Kosa then appealed the decision to this court, and we affirmed. See Kosa v. State (Kosa I), 789 So. 2d 1002 (Fla. 4th DCA 2001). In the interim, the trial court conducted two additional restitution hearings.
The trial court ordered Kosa to pay additional restitution, and entered an order nunc pro tunc to the initial restitution order. Kosa argues that the trial court lacked jurisdiction to enter this order, by virtue of his pending appeal before this court.
We agree, and reverse and remand to the trial court with leave to allow it to conduct a new restitution hearing.
Once a notice of appeal has been filed, exclusive jurisdiction of the matter is before the district court of appeal. Gonzalez v. State, 384 So. 2d 57 (Fla. 4th DCA 1980). In Marro v. State, this court held that: “A trial court does not have jurisdiction to hold a restitution hearing or enter an order of restitution after a notice of appeal has been filed.” 803 So. 2d 906, 907 (Fla. 4th DCA 2002). Therefore, we reverse the trial court’s March 23rd order. However, because the trial court reserved jurisdiction to hold a hearing to determine the amount of restitution, we remand to the trial court to allow it to conduct a new restitution hearing. See Marro, supra.
SHAHOOD and TAYLOR, JJ., concur.
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Harris v. State, 961 So. 2d 1131 (Fla. 4th DCA 2007)…So. 2d 1038 (Fla. 4th DCA 2004). Although a substitute judge entered an order of revocation and also an order of probation subsequent to the filing of the notice of appeal, the court was without jurisdiction to do so at the time. See Kosa v. State, 923 So. 2d 1285 (Fla. 4th DCA 2006) (holding that trial court lacked jurisdiction to enter final restitution order nunc pro tunc to an initial restitution order because once a notice of appeal is filed, exclusive jurisdiction of the matter is before the district co…
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Guelmer J. Escobar v. State, 189 So. 3d 1029 (Fla. 4th DCA 2016)…v. State, 884 So. 2d 1038 (Fla. 4th DCA 2004). There, we also affirmed an order revoking probation, but remanded the case for a written order specifying the conditions violated. Riley, 884 So. 2d at 1038. [*1031] Harris also cited to Kosa v. State, 923 So. 2d 1285 (Fla. 4th DCA 2006), where we reversed a restitution order that was entered after the defendant filed his notice of appeal even though the trial court had reserved jurisdiction to order restitution. Kosa, 923 So. 2d at 1285. We did so because the re…
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Nickolas White v. State (Fla. 4th DCA 2023)
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
- Fuse v. State, 384 So. 2d 57 (Fla. 4th DCA 1980)
- Marro v. State, 803 So. 2d 906 (Fla. 4th DCA 2002)