ERROL B. RESNICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; DAVID HICKS, APPELLANT, V. STATE OF FLORIDA, APPELLEE
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Two murder convicts appealed their first-degree murder convictions and life sentences. The Second District Court of Appeal determined it lacked jurisdiction because, despite a change of venue transferring the trial to St. Johns County (in the First District), the trial judge's subsequent return of the court file to Lake County's clerk did not transfer appellate jurisdiction.
The Second District lacked jurisdiction. Although the trial file was returned to Lake County's clerk, the trial judge took that action for convenience only, and appellate jurisdiction continued to reside in St. Johns County, which is in the First Appellate District.
[1] A court lacks jurisdiction over an appeal if the appeal is filed in the wrong appellate district, even if the trial court proceedings occurred in a different county.
[2] A trial court's order returning a court file to a previous county for convenience does not divest the appellate court of jurisdiction if the judgments and sentences were…
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Join FLexlaw to unlock all legal intelligence“We note that the trial judge signed an order returning the court file to the clerk of the Circuit Court of Lake County. It is our opinion, after reading said order, that the trial judge took that action for convenience only and that jurisdiction of the causes for appeal purposes continued to remain in St. Johns County”
Establishes that the transfer of the physical court file does not affect appellate jurisdiction, which remains where the trial was held.
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Join FLexlaw to unlock all legal intelligenceAppellants Errol B. Resnick and David Hicks were tried by jury in St. Johns County and found guilty of first-degree murder, each receiving life senten…
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ON JURISDICTION
The appeals herein are taken from a judgment and sentence entered against each of the appellants after trial by jury in St. Johns County. Appellants were found guilty of the offense of murder in the first degree and sentenced to life imprisonment.
The appellants, Errol B. Resnick and David Hicks, filed herein motions for enlargement and extension of time in which to file briefs. Appellee, the State of Florida, filed responsive pleadings. Before the cases came on for oral argument on said motions, there appeared to be a serious question of whether this court had jurisdiction to consider the appeals.
The cases were transferred by the Honorable W. Troy Hall, Jr., Circuit Judge, of the Fifth Judicial Circuit of Florida, from Lake County, in the Second Appellate District, to St. Johns County, which is in the First Appellate District, upon motion for change of venue filed on behalf of each appellant here.
At the conclusion of the oral arguments on the matters before the court as stated above, the court requested the respective parties to file memorandums on the jurisdictional question on or before March 12, 1973. The memorandums have been filed, we have carefully reviewed them, as well as the legal authorities cited therein, and the applicable rules of procedure, and have determined that we lack jurisdiction of these cases.
We have examined the record before us and find that the verdicts of the jury and the judgments and sentences were each filed in St. Johns County, the situs of the trial. We note that the trial judge signed an order returning the court file to the clerk of the Circuit Court of Lake County. It is our opinion, after reading said order, that the trial judge took that action for convenience only and that jurisdiction of the causes for appeal purposes continued to *591remain in St. Johns County, a county in the First Appellate District. In so holding we rely on the law pronounced in University Federal Savings and Loan Association of Coral Gables v. Lightbourn, Fla.App. 1967, 201 So.2d 568, as being controlling in our decision in the cases sub judice.
Accordingly, the causes shall be transferred by separate orders of this court to the District Court of Appeal, First District, after five days notice to the respective parties as provided in FAR 2.1, subd. a(5)(d), 32 F.S.A.
MANN, C. J., and LILES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Card v. State, 497 So. 2d 1169 (Fla. 1986)…rd be returned to Bay County where he later entered a written order sentencing Card to death. Judge Turner sentenced Card in Bay County as a matter of convenience. Card’s attorney acquiesced to this procedure. We find no error. See Resnick v. State, 274 So. 2d 589 (Fla. 2d DCA 1973). We will now address the remaining issues raised in Card’s motion for post-conviction relief. Card contends that the trial court erred in failing to conduct a pretrial competency hearing. In support, Card cites Hill v. State, 473…
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Vasilinda v. Lozano, 631 So. 2d 1082 (Fla. 1994)…d the ease is concluded in the new jurisdiction, review of the final order or judgment is properly commenced in the appellate court which has jurisdiction over the transferee court. Cole v. State, 280 So. 2d 44 (Fla. 4th DCA 1973); Resnick v. State, 274 So. 2d 589 (Fla. 2d DCA 1973). With respect to review of interlocutory orders, the cases are in disarray. In University Federal Savings & Loan Association v. Lightboum, 201 So. 2d 568 (Fla. 4th DCA 1967), a Broward County circuit judge entered an order changi…
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Raymond v. Wieneke, 479 So. 2d 752 (Fla. 3d DCA 1985)…; motion to transfer appeal denied. . The territorial jurisdiction of the Third District Court of Appeal is composed of the Eleventh (Dade County) and Sixteenth (Monroe County) Judicial Circuits. § .35.04, Fla.Stat. (1985). . Cf. Resnick v. State, 274 So. 2d 589 (Fla. 2d DCA 1973) (where, after change of venue to circuit court within First District, trial held, and judgments and sentences against defendants entered in such court, jurisdiction over appeal was improvidently invoked in Second District, notwith…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Univ. Fed. Sav. & Loan Ass'n OF Coral Gables v. Lightbourn, 201 So. 2d 568 (Fla. 4th DCA 1967)