BARRY YAMPOL, APPELLANT,
v.
TURNBERRY ISLE SOUTH CONDOMINIUM ASSOCIATION, INC., APPELLEE
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The appellate court denied Yampol's second motion to relinquish jurisdiction, finding that the trial court had exceeded the scope of authority granted in the initial relinquishment order when it entered a November 19, 2013 order. The court quashed the trial court's order as void and relinquished jurisdiction again with strict temporal and substantive limitations.
The trial court lacked jurisdiction to enter the November 19, 2013 order because it exceeded the express purpose of the relinquishment authorized by the appellate court. The court quashed the November 19, 2013 order as invalid and relinquished jurisdiction once again with a twenty-day deadline for the trial court to designate which September 20, 2013 order it wishes to keep in effect.
[1] A trial court exceeds its jurisdiction when it enters an order that goes beyond the specifically stated matters authorized by an appellate court's order of relinquishment…
[2] An order entered by a trial court that exceeds the scope of authorized matters upon relinquishment of jurisdiction by an appellate court is invalid and subject to being q…
Previewing 2 of 5 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“If the jurisdiction of the lower tribunal has been divested by an appeal from a final order, the court by order may permit the lower tribunal to proceed with specifically stated matters during the pendency of the appeal.”
Establishes the legal standard for relinquishment of jurisdiction under Florida Rule of Appellate Procedure 9.600—the lower court may only proceed with matters specifically stated by the appellate court.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe trial court rendered two conflicting orders on September 20, 2013. The appellate court granted temporary relinquishment of jurisdiction solely to …
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ORDER ON APPELLANT’S SECOND MOTION TO RELINQUISH JURISDICTION
Appellant’s Second Motion to Relinquish Jurisdiction to Address Issues Related to Orders on Appeal is denied.
Upon review, it is apparent to this Court that the trial court, by entering its order dated November 19, 2018, exceeded the express purpose of the relinquishment authorized by this Court’s October 29, 2013, order, which granted Appellee’s (Turnber-ry Isle South Condominium Association, Inc.) Motion for Temporary Relinquishment of Jurisdiction made “solely for the purpose of allowing the trial court to decide which [of two orders rendered on September 20, 2013,] it wishes to keep in effect and which one it wishes to vacate.” The trial court lacked jurisdiction to enter the November 19, 2013, order. See Fla. R.App. P. 9.600 (“If the jurisdiction of the lower tribunal has been divested by an appeal from a final order, the court by order may permit the lower tribunal to proceed with specifically stated matters during the pendency of the appeal.”) (emphasis added).
As a matter of precaution, Yampol appealed the November 19, 2013 order under this court’s case number 3D-3195. Because the trial court lacked jurisdiction to enter the November 19, 2013, order, we hereby quash this order. See Palma Sola Harbour Condo., Inc. v. Huber, 374 So.2d 1135, 1138 (Fla. 2d DCA 1979) (holding that a trial court order which exceeds the scope of the “specifically stated matters” authorized by District Court of Appeal for consideration on relinquishment is invalid); see generally Philip J. Padovano, Florida Appellate Practice 14 (2007-08 ed.2007).
We relinquish jurisdiction once again in case number 3D13-2667 “solely for the purpose of allowing the trial court to decide which [of the two orders rendered September 20, 2013,] it wishes to keep in effect and which one it wishes to vacate.” See Appellee, Turnberry Isle South Condominium Association, Inc.’s motion to relinquish served October 24, 2013, and this Court’s order granting same dated October 29, 2013. The period of this relinquishment shall expire twenty days from the date of this order. If the trial court has not, through written order by that date, designated which of the two orders rendered September 20, 2013, it wishes to keep in effect, this appeal shall proceed on both orders. In either case, the initial brief shall be filed twenty (20) days after either the expiration of the relinquishment period or the issuance of the written order, whichever occurs first. The answer brief shall be filed twenty (20) days after the filing of the initial brief.
The Court will not entertain any motions for extension of time for the filing of these briefs. This appeal will proceed henceforth under case number 3D13-2667 and the record, for purposes of this appeal, will be the record as it existed on September 20, 2013.
It is so ordered.
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Citator
Cited By
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Hart v. Wachovia Bank, 159 So. 3d 244 (Fla. 1st DCA 2015)
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Yampol v. Turnberry Isle S. Condo. Ass'n, Inc., 143 So. 3d 1144 (Fla. 3d DCA 2014)
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City of Miami Beach v. Guyton (Fla. 3d DCA 2024)
Authorities Cited
- Palma Sola Harbour Condo., Inc. v. Huber, 374 So. 2d 1135 (Fla. 2d DCA 1979)