ROBERT NERIUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2006-09-06
No. 4D06-2681
GUNTHER, WARNER and TAYLOR, JJ., concur.
937 So. 2d 248 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the order summarily denying Defendant’s motion for postconviction relief as to four lower tribunal cases. See State v. Dickey, 928 So. 2d 1193, 1198 (Fla.2006).

The summary record reflects that after the filing of the notice of appeal on June 14, 2006, the trial court on June 22 vacated portions of the order, because three of the four cases actually were assigned to other divisions. Because the trial court lacked jurisdiction to do so at the time that order was entered, we strike the June 22 order. The trial court may reenter the order when jurisdiction returns to the trial court, after the issuance of this court’s mandate.

GUNTHER, WARNER and TAYLOR, JJ., concur.


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  • Hammond v. DSY Developers, LLC., 951 So. 2d 985 (Fla. 3d DCA 2007)
    …ial court’s jurisdiction to enter the order in question was not raised below or on appeal, it is the duty of this Court to remain vigilant to the issue of subject-matter jurisdiction. See WEG Industrias, S.A. v. Compania De Seguros Generales Granai, 937 So. 2d 248, 249-50 (Fla. 3d DCA 2006). Florida adheres to the local action rule which dictates that when real property is in controversy, “jurisdictional authority exists over the property only in the circuit where the land is situated.” Ruth v. Dep’t of Legal…
  • Federico Torrealba Navas v. Brand, 130 So. 3d 766 (Fla. 3d DCA 2014)
    …non-final order denying their motions to dismiss for lack of jurisdiction and inconvenient forum. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(c). See also WEG Indus., S.A. v. Compania De Seguros Generales Granai, 937 So. 2d 248 (Fla. 3d DCA 2006). We review de novo a non-final order denying a motion to dismiss for lack of jurisdiction. Execu-Tech Bus. Sys., Inc. v. New Oji Paper Co. Ltd., 752 So. 2d 582, 584 (Fla.2000). We review an order denying a motion to dismiss based…
  • Shahla M. Rabie Cortez v. Palace Holdings, 66 So. 3d 959 (Fla. 3d DCA 2011)
    …ts have “practically no connection” to Florida and disputed events remain to be discovered abroad. Cf. Kawasaki Motors Corp. v. Foster, 899 So. 2d 408, 411-12 (Fla. 3d DCA 2005). See also WEG Industrias, S.A. v. Compania De Seguros Generales Granai, 937 So. 2d 248, 254 (Fla. 3d DCA 2006) (finding forum non conveniens dismissal appropriate because Florida’s connection was merely “fortuitous”). In this case, there is no need to resolve disputes regarding the sexual assault that occurred in Mexico, because there…
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