DOMINGO RODRIGUEZ, JR., PETITIONER,
v.
PALM BEACH COUNTY DIVISION OF ANIMAL CARE AND CONTROL, RESPONDENT
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PER CURIAM.
Domingo Rodriguez, Jr., has filed a petition for writ of certiorari/prohibition. We grant certiorari relief upon concluding that Rodriguez’s appellate rights were frustrated by the nunc pro tunc order that sought to transfer jurisdiction of the lower court proceedings from the county court to the circuit court in fight of the amount of the judgment. See White v. Marine Transport Lines, Inc., 372 So. 2d 81, 84 (Fla.1979).
A nunc pro tunc order may be used to correct the record of an order actually made, but perhaps entered “incorrectly in the court records or not entered at all.” In re Riha’s Estate, 369 So. 2d 404, 404 (Fla. 2d DCA 1979); see also Robinson v. Tootalian, 691 So. 2d 52, 52 n. 1 (Fla. 4th DCA 1997) (holding “[ojrders are entered nunc pro tunc generally for the purpose of making effective a judicial act previously taken which is not apparent from the record.”).
In this case no ruling had been made on the motion to transfer filed almost one year before entry of the nunc pro tunc order. On remand, Rodriguez may seek appellate review of the April 22, 2008 final judgment in the circuit court, where the related May 2007 appeal is pending.
STONE, KLEIN and GROSS, JJ., concur.
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JJD Realty, LLC v. Artesa Homeowners' Ass'n, Inc. (Fla. 4th DCA 2020)…unc pro tunc. We agree. “A nunc pro tunc order may be used to correct the record of an order actually made, but perhaps entered ‘incorrectly in the court records or not entered at all.’” Rodriguez v. Palm Beach Cty. Div. of Animal Care & Control, 988 So. 2d 738, 738 (Fla. 4th DCA 2008) (emphasis removed) (quoting In re Riha’s Estate, 369 So. 2d 404, 404 (Fla. 2d DCA 1979)). While a nunc pro tunc order can correct the record to reflect actions previously taken, see Applestein v. Alberring, 291 So. 2d 206,…
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Karin Rohret v. Zucco (Fla. 2d DCA 2022)…rule on the motion for rehearing before the sale occurred. And "when the court wholly omits an order or wishes to change it, the new order cannot be entered nunc pro tunc." Id.; see also Rodriguez v. Palm Beach Cnty. Div. of Animal Care & Control, 988 So. 2d 738 (Fla. 4th DCA 2008) (holding it was error to enter a nunc pro tunc order on a motion to transfer when the court had not ruled on the motion in the year it had been pending). Consequently, adding the phrase "nunc pro tunc" to the order denying the m…
Authorities Cited
- White v. Marine Transp. Lines, Inc., 372 So. 2d 81 (Fla. 1979)
- In re the Est. of James Riha v. Harding, 369 So. 2d 404 (Fla. 2d DCA 1979)
- Robinson v. Tootalian, 691 So. 2d 52 (Fla. 4th DCA 1997)