ROGER R. MARTIN, APPELLANT,
v.
HENRIETTA A. MARTIN, APPELLEE
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The court held that an appeal filed before the rendition of a written order is premature and ineffective to confer jurisdiction.
Appellant filed a notice of appeal after the trial court orally found him in contempt but before a written order was filed. The written order was file…
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Appellant-defendant, Rogert R. Martin, appeals an order determining him to be in contempt of court for failure to pay child support. We dismiss the appeal.
The record reflects that on November 10, 1970, at the conclusion of a hearing on appellant’s alleged failure to pay child support, the trial court orally announced it found appellant guilty of contempt of court and imposed a sentence.
On November 12, 1970, notice of appeal was filed by the appellant. On November 16, 1970, a written order bearing date November 16, 1970, finding appellant guilty of contempt of court and specifying the punishment on the hearing of November 10, 1970, was filed for record.
Florida Appellate Rule 3.2(b), 32 F.S.A., provides that appeals from final decisions, orders, judgments or decrees shall be commenced within thirty days from the rendition of the decision, order, judgment or decree. Rule 4.2(b) provides likewise for interlocutory appeals. Florida Appellate Rule 1.3 defines “rendition” of a judgment, decision, order or decree to mean that it has been reduced to writing, signed, and made a matter of record, or if recording is not required, then filed.
*7From the foregoing it is apparent that an appealable order was not rendered until November 16, 1970. Appellant’s notice of appeal filed before the rendition of the order is therefore premature and wholly ineffective to confer jurisdiction on this court. Jenkins v. Lyles, Fla.1969, 223 So.2d 740; Dam v. David, Fla.App.1969, 227 So.2d 338; see State ex rel. Herring v. Allen, Fla.1966, 189 So.2d 363. Accordingly, the appeal is dismissed.
Appeal dismissed.
REED, C. J., and OWEN, J., concur.
ORDER
Ordered, in accordance with opinion filed today, that this appeal commenced by notice filed November 12, 1970, in Case No. 67-2070 of the Circuit Court for Broward County is hereby dismissed.
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Gersh v. Concept House, Inc., 291 So. 2d 258 (Fla. 3d DCA 1974)…PER CURIAM. This interlocutory appeal came on to be heard on its merits. Upon consideration of the record this court determined that it did not have jurisdiction under the rule set forth in Martin v. Martin, Fla.App.1971, 258 So. 2d 6. Thereupon, we issued our opinion dismissing the appeal. Appellant’s timely petition for rehearing with affidavit of the clerk of this court, demonstrated that the error was that of the clerk of the circuit court. We thereupon granted the petition f…
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Holmes v. State, 267 So. 2d 344 (Fla. 4th DCA 1972)…owever, his judgment and sentence was not entered until June 14, 1971. Thus, the notice failed to confer jurisdiction upon this court and must be dismissed upon authority of Dam v. David, Fla.App.1969, 227 So. 2d 338; Martin v. Martin, Fla.App.1971, 258 So. 2d 6; and State ex rel. Herring v. Allen, Fla. 1966, 189 So. 2d 363. Appeal dismissed. WALDEN, OWEN and MAGER, JJ., concur.…
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Piver v. Birman, 311 So. 2d 675 (Fla. 4th DCA 1975)…within the definition found in Rule 1.3, F.A.R., and that therefore the appeal must be dismissed. State Ex rel. Faircloth v. Cross, 238 So. 2d 81 (Fla.1970); Florida Citrus Commission v. Griffin, 249 So. 2d 42 (2d D.C.A.Fla.1971); Martin v. Martin, 258 So. 2d 6 (4th D.C.A.Fla.1971); Egantoff v. Herring, 177 So. 2d 260 (2d D.C.A.Fla.1965). While the mode of trial court practice and procedure is a matter largely within the discretion of the trial judges, it is our thought that a compliance with the mentione…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Ann Allen Herring v. Honorable William P. Allen, 189 So. 2d 363 (Fla. 1966)
- Eli S. Jenkins v. Hon. Woody A. Lyles, 223 So. 2d 740 (Fla. 1969)
- Michael E. DAM, Jr., M.D. v. J. K. David, Jr., M.D., 227 So. 2d 338 (Fla. 1st DCA 1969)