D.C.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Trial court lacked jurisdiction to enter a restitution order after the appellant filed a notice of appeal, requiring reversal and remand for a new restitution hearing.
A trial court loses jurisdiction to enter a restitution order once a notice of appeal has been filed, even if restitution was previously ordered with amount reserved.
[1] A trial court is divested of jurisdiction to enter or modify a restitution order upon the filing of a notice of appeal, regardless of whether restitution was previously o…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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, even though the trial court may have previously ordered restitution and reserved jurisdiction only as to the amount.”
Cited from Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997), establishing the jurisdictional rule.
A child appellant filed a notice of appeal from an adjudication of delinquency. Before the mandate issued, the trial court entered a restitution order…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jurisdiction Of Trial Court After Notice Of Appeal cases and more on FLexlaw
The appellant, a child, appeals the restitution order rendered by the trial court. Prior to rendition of that order, the appellant filed a notice of appeal seeking review of his adjudication of delinquency. Thereafter, and prior to issuance of the mandate in that appeal, the trial court entered the order that is the subject of the instant appeal. Both the appellee and the appellant agree that the trial court did not have jurisdiction to enter the restitution order, and they further agree that the order must be reversed and the case remanded to allow the trial court to conduct another hearing to determine restitution.
Based on the concession of the parties and our review of the record, we reverse the restitution order and remand this case to the trial court for another restitution hearing. See Renfroe v. State, 20 So.3d 1027, 1027 (Fla. 2d DCA 2009) (“The State correctly concedes that the trial court was without jurisdiction to enter this order because Mr. Renfroe already had filed his notice of appeal from the judgments and sentences. ‘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, even though the trial court may have previously ordered restitution and reserved jurisdiction only as to the amount.’” (quoting Pearson v. State, 686 So.2d 721, 721 (Fla. 2d DCA 1997))); Jenkins v. State, 954 So.2d 738, 738 (Fla. 2d DCA 2007) (“A party’s filing of a notice of appeal divests the trial court of jurisdiction to enter a restitution order.”).
REVERSED and REMANDED.
GRIFFIN and PALMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
C.R. v. State, 60 So. 3d 478 (Fla. 1st DCA 2011)…ered on September 15, 2010, do not address the departure from the DJJ’s recommendation. The trial court was without jurisdiction, after the notice of appeal had been filed, to enter the Disposition Order dated October 18, 2010. Cf. D.C.H. v. State, 42 So. 3d 340 (Fla. 5th DCA 2010) (holding the trial court did not have jurisdiction to enter a restitution order after filing of notice of appeal); Haines v. State, 805 So. 2d 972, 973 (Fla. 2d DCA 2001) (holding the trial court lacked jurisdiction to enter an a…
Authorities Cited
- Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997)
- Renfroe v. State, 20 So. 3d 1027 (Fla. 2d DCA 2009)
- Jenkins v. State, 954 So. 2d 738 (Fla. 2d DCA 2007)