MICHAEL MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court reversed and remanded because the trial court lacked jurisdiction to enter its order denying the severance claim before the appellate mandate was issued, despite the order being correct on the merits.
A trial court lacks jurisdiction to enter an order on remand before the appellate mandate is issued, rendering such an order a nullity regardless of its substantive correctness.
[1] A trial court order entered before issuance of the appellate mandate is void and constitutes a nullity, even if the order is correct on the merits.
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Join FLexlaw to unlock all legal intelligence“the trial court lacked jurisdiction to enter its order before issuance of the mandate in Martin's original rule 8.850 appeal”
Court explaining why the order was void despite being correct on the merits
Michael Martin appealed the denial of his rule 3.850 post-conviction motion. The appellate court previously affirmed the denial except for the severan…
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Michael Martin appeals the trial court’s “Order Denying Severance Claim Set forth in the Motion for Post-Conviction Relief.” Although the trial court was correct on the merits, we reverse because the trial court lacked jurisdiction when it entered its order.
This Court earlier affirmed the denial of Martin’s rule 3.850 motion “except as it relate[d] to the severance claim raised in paragraph eight of the motion,” which the trial court failed to address. We remanded with instructions for the trial court to either attach portions of the record that refuted the allegations or set an evidentia-*383ry hearing. Martin v. State, 152 So.3d 95, 96 (Fla. 5th DCA 2014). However, before we issued the mandate returning jurisdiction to the trial court, it rendered an order denying Martin’s severance claim, attaching portions of the record in support of the denial. We see no error in the trial court’s ruling. The attached record clearly refutes Martin’s ineffective assistance claim. However, the trial court lacked jurisdiction to enter its order before issuance of the mandate in Martin’s original rule 8.850 appeal. See Smith v. State, 997 So.2d 507, 507 (Fla. 5th DCA 2008) (holding that order was nullity because trial court lacked jurisdiction to enter order before mandate issued). Accordingly, we reverse and remand for the trial court to re-enter the order.
REVERSED and REMANDED.
SAWAYA, ORFINGER and WALLIS, JJ., concur.
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Cited By
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Kandice Dingey v. State, 216 So. 3d 779 (Fla. 5th DCA 2017)
Authorities Cited
- Smith v. State, 997 So. 2d 507 (Fla. 5th DCA 2008)
- Martin v. State, 152 So. 3d 95 (Fla. 5th DCA 2014)