THOMAS SCOTT HENRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Thomas Henry appealed a restitution order converted to a judgment lien, arguing the trial court lacked jurisdiction because the written order was rendered after he filed his notice of appeal. The Florida appellate court affirmed, holding that a trial court retains jurisdiction to reduce to writing and render orders memorializing oral rulings made before a notice of appeal is filed.
A trial court retains jurisdiction to render written orders memorializing oral rulings made prior to the filing of a notice of appeal, even if the written order is rendered after the notice of appeal is filed. The premature filing of a notice of appeal does not divest the trial court of jurisdiction to reduce its prior oral rulings to writing.
[1] A trial court retains jurisdiction to render a written order memorializing an oral ruling made prior to the filing of a notice of appeal.
[2] A notice of appeal filed before a final order is rendered may be subject to dismissal as premature.
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Join FLexlaw to unlock all legal intelligence“a trial court has jurisdiction to render written orders after a notice of appeal is filed when those orders simply memorialize oral rulings made by the court prior to the notice of appeal being filed”
Establishes the key principle that permits trial courts to issue written orders memorializing prior oral rulings despite a prematurely filed notice of appeal.
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Join FLexlaw to unlock all legal intelligenceAt a probation revocation hearing, the trial court orally imposed a judgment lien for restitution that Henry had previously agreed to pay as a conditi…
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At a hearing revoking Thomas Henry’s probation and sentencing him on a conviction for grand theft, the circuit court ordered that the restitution Henry had previously agreed to pay as a condition of his probation would be converted to a judgment lien. Henry did not object to this conversion of his preexisting restitution obligation to a judgment lien, and the trial court rendered a written order memorializing its oral ruling on restitution shortly after the revocation hearing. However, in the time between the revocation hearing and the rendition of the written order imposing the judgment lien for restitution, Henry filed his notice of appeal. He now contends that the order imposing the judgment lien for restitution is void because it was rendered at a time when the circuit court had no jurisdiction. On these facts, we disagree and affirm.
There is no dispute that a trial court may not impose restitution after a notice of appeal has been filed. See L’Heureux v. State, 968 So.2d 628, 630 (Fla. 2d DCA 2007); Pearson v. State, 686 So.2d 721, 721 (Fla. 2d DCA 1997). However, a trial court has jurisdiction to render written orders after a notice of appeal is filed when those orders simply memorialize oral rulings made by the court prior to the notice of appeal being filed. See, e.g., Koleta v. State, 592 So.2d 1267, 1268 (Fla. 2d DCA 1992) (stating that the filing of a premature notice of appeal does not divest the trial court of jurisdiction to render orders on prior oral rulings and holding that when the trial court had orally stated its reasons for imposing a departure sentence at the sentencing hearing, the filing of a notice of appeal did not divest the court of jurisdiction to reduce its oral reasons to writing); State v. Johns, 576 So.2d 1332, 1335 (Fla. 5th DCA 1991) (holding that the State’s premature notice of appeal did not divest the trial court of jurisdiction to render an order memorializing a sentence that was orally imposed before the notice of appeal was filed); see also Fla. R.App. P. 9.110(i) (providing that “[i]f a notice of appeal is filed before rendition of a final order, the appeal shall be subject to dismissal as premature” but also that “[bjefore dismissal, the [appellate] court in its discretion may permit the lower tribunal to render a final order.”). Thus, a prematurely filed notice of appeal does not, as a matter of law, divest the trial court of jurisdiction to reduce to writing and render an order memorializing an *319oral ruling the court made before the notice of appeal was filed.
Here, the record is clear that the trial court orally imposed the judgment lien for restitution in a specific amount at a properly noticed hearing before Henry filed his notice of appeal. Under these circumstances, the trial court had jurisdiction to render an order memorializing its ruling on restitution, and the premature notice of appeal filed by Henry did not divest the trial court of this jurisdiction. Accordingly, we affirm.
Affirmed.
SILBERMAN and LaROSE, JJ., Concur.
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Seyed R. Miran v. State, 46 So. 3d 186 (Fla. 2d DCA 2010)…(2) motion when the motion was orally granted during the proper time period. We have done this in recognition of the fact that entering the written order is simply a ministerial act that memorializes the prior timely oral ruling. Cf. Henry v. State, 42 So. 3d 317, 318-19 (Fla. 2d DCA 2010) (finding trial court had jurisdiction to enter written order of restitution' after notice of appeal was filed when the court had orally imposed restitution before the notice of appeal was filed). However, unlike in those…
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Rattee v. State, 128 So. 3d 876 (Fla. 2d DCA 2013)…d DCA 1997). We recognize that “a trial court has jurisdiction to render written orders after a notice of appeal is filed when those orders simply memorialize oral rulings made by the court prior to the notice of appeal being filed.” Henry v. State, 42 So. 3d 317, 318 (Fla. 2d DCA 2010). However, the restitution orders entered in this case did not memorialize oral rulings made by the court prior to the notice of appeal being filed. Consequently, we reverse the order setting the amount of restitution. On rema…
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V.U.B. v. State, 189 So. 3d 303 (Fla. 2d DCA 2016)…rial court has jurisdiction to render written orders after a notice of appeal is filed when those orders simply memorialize oral rulings made by the court prior to the notice of appeal being filed,” Rattee, 128 So. 3d at 876 (quoting Henry v. State, 42 So. 3d 317, 318 (Fla. 2d DCA 2010)), that is not what occurred in this case. While the restitution order may have been based on the evidence presented at the August 13, 2014, hearing, the trial court did not make any oral findings on the record and expressly…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997)
- State v. Johns, 576 So. 2d 1332 (Fla. 5th DCA 1991)
- Wigginton v. State, 968 So. 2d 628 (Fla. 2d DCA 2007)
- L'Heureux v. State, 968 So. 2d 628 (Fla. 2d DCA 2007)
- Koleta v. State, 592 So. 2d 1267 (Fla. 2d DCA 1992)