BENJAMIN RIVERS HARRELL, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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The appellate court erred in dismissing an appeal because the appellant pursued a motion for new trial after filing the notice of appeal.
Appellant filed a notice of appeal and subsequently filed a motion for new trial. The state moved to dismiss the appeal, arguing the post-appeal motio…
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Petition for certiorari in this cause controverts an order of the district court dismissing an appeal from a judgment of conviction upon motion by the state showing appellant had pursued a motion for new tidal after filing notice of appeal. Jurisdiction of this Court is based upon conflict with State ex rel. Faircloth v. The District Court of Appeal, Fla.1966, 187 So.2d 890.
We conclude upon review of the cited opinion and related decisions1 that the appellate court erred in granting ap-pellee’s motion on the stated ground. The controlling principles are concisely stated in the Faircloth opinion, supra, in recognition that “the filing of a notice of appeal * * vests in the appellate court complete and exclusive jurisdiction * * * ; ” that the appellant in this situation clearly waives his other post trial remedies; and failure to apply this rule to the pursuit of such inconsistent remedies “when both were filed by the same litigant would result in utter chaos in the appellate processes.” 2
The decision in State ex rel. Owens v. Pearson 3 is based upon the qualification inherent in the above statement that the timely post trial motion of another litigant may operate to render appellant’s notice premature, the doctrine of waiver being clearly inapplicable against the other party.
The order of the appellate court is therefore quashed and the cause remanded for further proceedings in accordance herewith.
THOMAS, ROBERTS and O’CON-NELL, JJ., concur.
THORNAL, C. J., dissents on jurisdiction. Would concur on merits.
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Sosa v. State, 215 So. 2d 736 (Fla. 1968)…onstitutes an abandonment of the motion for new trial and thereby vests exclusive and complete jurisdiction in the appellate court. See State ex rel. Faircloth v. District Court of Appeal, Third District, 187 So. 2d 890 (Fla.1966); Harrell v. State, 197 So. 2d 505 (Fla.1967). Appellants contend that the operation of the “abandonment rule” as above described is arbitrarily discriminatory and onerous to appellants since, as incarcerated, indigent defendants, they could not reasonably be expected to be informed…
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Kynyodda Deonne Jones v. State, 922 So. 2d 1088 (Fla. 4th DCA 2006)…ial court its jurisdiction to entertain motions filed under Rule 3.850. It is well settled that it is the filing of a notice of appeal which divests the lower court of jurisdiction and vests jurisdiction in the appellate court. See Harrell v. State, 197 So. 2d 505 (Fla.1967). Because the mere filing of a petition for belated appeal does not vest the appellate court with jurisdiction to review the merits of the final order to be appealed, the trial court maintains jurisdiction to review postconviction motions.…
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Lowe v. State, 644 So. 2d 510 (Fla. 2d DCA 1994)…tion to withdraw his guilty pleas. The trial court’s ruling was correct because the motion was filed after the defendant had filed a notice of appeal and, thus, the trial court no longer had jurisdiction to consider the motion. See Harrell v. State, 197 So. 2d 505 (Fla.1967); Dailey v. State, 575 So. 2d 237 (Fla. 2d DCA 1991). For each of the two counts of attempted armed robbery, the defendant was sentenced to thirty years’ imprisonment, with a three year minimum mandatory. The statutory maximum sentence f…
Previewing 3 of 9 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)
- State of Fla. ex rel. Earl Faircloth v. The Dist. Court OF Appeal, 187 So. 2d 890 (Fla. 1966)
- Forrest L. Bannister and Pattie R. Bannister v. Deane Loes Hart, Jr., 144 So. 2d 853 (Fla. 2d DCA 1962)
- Roscoe Padgett v. State, 197 So. 2d 864 (Fla. 1st DCA 1967)