STATE OF FLORIDA EX REL. MARION MANN ET AL., APPELLANTS,
v.
NORTH FLORIDA RACEWAY, INC., A FLORIDA CORPORATION, APPELLEE
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Florida appellants appealed a final judgment from a circuit court, but the District Court of Appeal found it lacked jurisdiction because appellants' motion for new trial was not properly filed within the required timeframe. The court affirmed the lower court judgment and noted in dicta that the underlying dispute involved a prospective nuisance claim that had not ripened for injunctive relief.
The Court lacked jurisdiction because the motion for new trial mailed on June 17, 1974, was not authorized and did not toll the running of time for taking an appeal. The motion for new trial was already disposed of (denied) by the trial judge on June 7, 1974, when counsel's oral request to amend the pleading into such a motion was rejected, and successive motions for new trial are not authorized under the Civil Rules of Procedure.
[1] The timely filing of a notice of appeal is jurisdictional, and an appellate court lacks authority to exercise jurisdiction if the notice is not filed within the prescribe…
[2] A motion for a new trial must be served not later than 10 days after the rendition of a verdict in a jury action or the entry of judgment in a non-jury action.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Where there has been filed in the lower court a timely and proper motion or petition for a new trial, for a rehearing, or other timely post-trial motion or petition permitted by the Rules, the decision, judgment, order or decree shall not be deemed rendered until such motion or petition is disposed of.”
Establishes the rule that post-trial motions toll the time for appeal, but only if timely and proper
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellants sought injunctive relief against North Florida Raceway, Inc. relating to a prospective nuisance. A hearing was held on June 7, 1974, on app…
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RAWLS, Chief Judge.
This appeal is brought from a final judgment rendered on June 7, 1974. The notice of appeal was filed in the Circuit Court in and for Columbia County on July 11, 1974. This Court sua sponte raised the question of its jurisdiction.
Appellants responded as to the jurisdictional question by stating that they served on appellee’s counsel by certified mail on June 17, 1974, a timely motion for new trial, but inadvertently failed to include the said motion in their directions to the Clerk. Appellants further submit that the timely motion for new trial tolled the time for filing a notice of appeal citing Florida Appellate Rule' 1.3 and Behm v. Division of Administration, Department of Transportation, 288 So. 2d 476 (Fla.1974). If the foregoing constituted all of the record relating to this question, we would agree that this Court had jurisdiction. But such is not the case.
As pointed out by appellee and a transcript of the proceedings, on June 7, 1974, a hearing was held by the trial judge in this cause on appellants’ motion for leave to present newly discovered evidence. At the tail end of the hearing, counsel for appellants stated to the Court:
“. . .So this is what I would like to offer. If the Court please, if it would be satisfactory that would be, I would request permission to amend our pleading at this time and make it in the form of a Motion for a New Trial and get that disposed of here and as grounds I will submit what I have here and that this is material and it would have an effect on the outcome of the Court’s ruling.
“COURT: I recall the witnesses who testified to that in the trial of the case. Did you ask the Defendants to produce any witness list or anything?
“MR. FARNELL: Yes, we exchanged witnesses.
“COURT: And during the course of the proceeding did you depose any,of those witnesses ?
“MR. FARNELL: No, Your Honor, we did not.
“COURT: I will deny the Motion.
“(And thus the hearing ended)”
Thus, pursuant to Florida Appellate Rule 1.3, the trial court “disposed” of the motion for new trial.1
The Civil Rules of Procedure do not provide for successive motions. Appellants submitted their motion for a new trial on June 7, 1974, which was denied by the trial judge. The motion for new trial mailed on the 17th day of June, 1974, was not authorized and thus did not toll the running of time for taking an appeal.
Solely as dicta, we observe that this entire matter relates to a prospective nuisance which had not ripened for the in-junctive relief sought by appellants.
The judgment appealed is affirmed.
JOHNSON and McCORD, JJ., concur. . Florida Appellate Rule 1.3, Definitions, provides in part: “ ‘Rendition’ of a judgment, decision, order or decree means that it has been reduced to writing, signed and made a matter of record, or if recording is not required then filed. A paper is deemed to be recorded when filed with the clerk and assigned a book and page number. Where there has been filed in the lower court a timely and proper motion or petition for a new trial, for a rehearing, or other timely post-trial motion or petition permitted by the Rules, the decision, judgment, order or decree shall not be deemed rendered until such motion or petition is disposed of.”
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Citator
Cited By
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Negron v. Hessing, 186 So. 3d 1139 (Fla. 4th DCA 2016)…new trial, they elected to forgo the option of filing a written motion. See id. The trial judge, in turn, orally denied the-ore tenus motion. This ruling properly disposed of the motion for new trial. See State ex rel. Mann v. N. Fla. Raceway, Inc., 316 So. 2d 311, 312 (Fla. 1st DCA 1975) (holding that appellants were not authorized to file a successive written motion for new trial after the trial court orally denied their ore tenus motion for same); see also Hampton v. State, 949 So. 2d 1197, 1199 n. 1 (Fla.…
Authorities Cited
- Behm v. Division OF Administration, 288 So. 2d 476 (Fla. 1974)