GABRIEL PEREZ ET UX., APPELLANTS,
v.
CITY OF TAMPA, A MUNICIPAL CORPORATION, APPELLEE
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The court held that filing a notice of appeal before a ruling on a motion for new trial waives the motion and vests jurisdiction in the appellate court.
Plaintiff sued the City of Tampa for damages from a car accident. A jury found for the City against the plaintiff (husband) but for the plaintiff's wi…
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Defendant City of Tampa moves to dismiss the appeal of the plaintiff Gabriel Perez.
The plaintiff was the driver of an automobile which collided with a truck owned by the City of Tampa. Plaintiff’s wife Beatrice was a passenger in the plaintiff’s car. The complaint was in two counts, one alleging damage of the husband, and the other damages of the wife. The jury found for the City of Tampa as against the husband and for the wife against the City. The judgment for the wife was duly paid and satisfied.
Motion for new trial was filed by the husband, and while the same was pending and more than sixty days after the judgment was entered, he filed notice of appeal.
Florida Appellate Rule 1.3, 31 F.S.A., provides that a judgment is not considered as having been rendered if a timely motion for new trial is filed until said motion is disposed of. However, an appellant who files a notice of appeal before the entry of an order denying his motion for new trial is deemed to have waived or abandoned his own motion and thereby vested jurisdiction in the appellate court. State ex rel. Owens v. Pearson, Fla.1963, 156 So.2d 4. Bannister v. Hart, Fla.App.1962, 144 So.2d 853.
Other points raised by the motion require reference to the record on appeal, which is *572not yet filed in this Court. F.A.R. 3.6, subds. i & j (1).
Motion to dismiss denied.
LILES, Acting C. J., and SMITH, SHERMAN N., Jr., and ANDREWS, CHARLES O., Jr., Associate Judges, concur.
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State of Fla. ex rel. Earl Faircloth v. The Dist. Court OF Appeal, 187 So. 2d 890 (Fla. 1966)…, C. J., and O’CONNELL, CALDWELL and ERVIN, JJ., concur. . Rule 3.2, subd. d, Florida Appellate Rules 1965 Revision, 31 F.S.A.; Knowles v. State, Fla. App.1964, 165 So. 2d 201. . Fla.1949, 39 So. 2d 549. . Fla.1961, 134 So. 2d 12. .Fla.App.1966, 181 So. 2d 571.…
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York v. State, 232 So. 2d 767 (Fla. 4th DCA 1969)…of the decedent. But, defendant did not object to the bulk of the identification testimony. While he hade a motion for a new trial, he abandoned it when he filed a notice of appeal while his motion was pending. Perez v. City of Tampa, Fla.App.1966, 181 So. 2d 571; State ex rel. Faircloth v. District Court of Appeal, Third District, Fla.1966, 187 So. 2d 890. Thus, nowhere did he put the sufficiency of the evidence in issue be [*768] fore the trial, court by motion for directed verdict, motion for new trial, o…
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Perez v. City OF Tampa, 191 So. 2d 302 (Fla. 2d DCA 1966)…PER CURIAM. Appellant, plaintiff below, brings this-appeal from a judgment entered pursuant to a jury verdict in favor of appellee City-of Tampa. Appellee previously moved to dismiss this appeal. In Perez v. City of Tampa, 181 So. 2d 571 (D.C.A.Fla.1966), we denied' the motion to dismiss but noted that the-record-on-appeal had not yet been filed' with this Court. The record-on-appeal has since been-filed, and an examination of that record: [*303] reveals that the judgment from whic…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Eugene W. Owens v. Honorable Tillman Pearson, 156 So. 2d 4 (Fla. 1963)
- Forrest L. Bannister and Pattie R. Bannister v. Deane Loes Hart, Jr., 144 So. 2d 853 (Fla. 2d DCA 1962)