EUGENE KOLEK
v.
STATE OF FLORIDA
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A conviction and sentence for battery are affirmed, but an appeal of a post-judgment restitution order is dismissed for lack of jurisdiction when no separate notice of appeal is timely filed within 30 days of the order's rendition.
[1] A separate notice of appeal must be timely filed within 30 days of rendition of a post-judgment order to invoke appellate jurisdiction to review that order.
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Join FLexlaw to unlock all legal intelligence“Jurisdiction of the court under this rule must be invoked by filing a notice with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed”
Citation to Fla. R. App. P. 9.110(b) explaining the jurisdictional requirement for appellate review
Eugene Kolek was convicted of two counts of battery and sentenced to one year in jail on each count to run consecutively. After appealing the judgment…
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STARGEL, J.
Appellant, Eugene Kolek, appeals the judgment and sentence adjudicating him guilty of two counts of battery and sentencing him to one year in jail on each count to run consecutively. Because Appellant does not raise, nor do we find, any issue with his judgment and sentence, we affirm.
Appellant also contests the trial court’s post-judgment restitution order,
entered after he appealed. We lack jurisdiction to consider Appellant’s argument,
given his failure to appeal this order. See Fla. R. App. P. 9.110(b) (“Jurisdiction of the court under this rule must be invoked by filing a notice with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed . . . .”); see also
Heming v. State, 48 Fla. L. Weekly D162 (Fla. 1st DCA Jan. 18, 2023); Okashah v.
State, 240 So. 3d 904, 905 (Fla. 1st DCA 2018); Studnicka v. State, 679 So. 2d 819,
822 (Fla. 3d DCA 1996). Accordingly, we dismiss this portion of the appeal.
AFFIRMED IN PART; DISMISSED IN PART.
TRAVER, C.J., and BROWNLEE, J., concur.
Howard L. “Rex” Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Jonathan S. Tannen, Assistant Attorney General, Tampa, for Appellee.
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Cited By
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Kolek v. State (Fla. 6th DCA 2024)
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Kolek v. State (Fla. 6th DCA 2024)
Authorities Cited
- Studnicka v. State, 679 So. 2d 819 (Fla. 3d DCA 1996)
- Becnel v. AIZ Holdings, LLC, 240 So. 3d 904 (Fla. 1st DCA 2018)
- Kolek v. State (Fla. 6th DCA 2024)