CHRISTOPHER J. WELLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Fourth District Court of Appeal held that a trial court loses jurisdiction to entertain motions to vacate a judgment once a notice of appeal is filed, rendering any subsequent order on such a motion a nullity not subject to appeal.
Once a notice of appeal is filed challenging an order denying a motion to vacate, the trial court loses jurisdiction to enter orders on subsequent motions to vacate, making such orders nullities not subject to appellate review.
[1] Upon filing a notice of appeal from an order denying a motion to vacate a judgment, the trial court loses jurisdiction to entertain subsequent motions to vacate, and any…
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Join FLexlaw to unlock all legal intelligenceThe trial court entered a judgment and sentence on June 12, 1975. On December 16, 1976, it denied a motion to vacate. Appellant appealed that order on…
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PER CURIAM.
ON MOTION TO DISMISS OR QUASH
Appellee has moved to dismiss this appeal on the ground the Circuit Court did not have jurisdiction to enter the order appealed from and thus it is a nullity not subject to appeal.
On June 12, 1975, the trial court entered a judgment and sentence against appellant. On December 16, 1976, the trial court denied a motion to vacate that judgment and sentence. On December 28, 1976, appellant appealed that order. While that appeal was pending appellant filed a second motion to vacate the judgment and sentence based upon different grounds than those stated in the original motion to vacate. This second motion was denied November 10, 1977. On November 29, 1977, this court dismissed the appeal from the order denying the first motion to vacate.
On similar facts, the Third District Court of Appeal held that upon the filing of the notice of appeal to review the order denying the first motion to vacate the cause was transferred to the appellate court, and the trial court was thereafter without jurisdiction to vacate. Gobie v. State, 188 So. 2d 34 (Fla. 3rd DCA 1966). We agree with that decision and hold the trial court in this case had no jurisdiction to enter the order on the second motion to vacate, thus that order is a nullity and not subject to appeal.
Accordingly, the motion to dismiss is granted.
DOWNEY, C. J., and ANSTEAD and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012)…d be compelled to conclude that the trial court lacked jurisdiction to consider Jackman’s motion because, when the trial court ruled on the motion, Jackman had a pending appeal on another rule 3.850 motion before this court. See also Wells v. State, 362 So. 2d 441 (Fla. 4th DCA 1978); Lee v. State, 392 So. 2d 913 (Fla. 1st DCA 1980) (holding that the trial court had no jurisdiction to rule on second rule 3.850 motion where an order denying a prior rule 3.850 motion seeking relief on different grounds was on a…
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Washington v. State, 823 So. 2d 248 (Fla. 4th DCA 2002)…s of the first motion. The trial court dismissed the second motion, concluding that it lacked jurisdiction to rule on that motion while the order denying the earlier motion was pending in this court. Appellant appeals that order. In Wells v. State, 362 So. 2d 441 (Fla. 4th DCA 1978), we held that the trial court could not rule on a second post-conviction motion to vacate a conviction, while an appeal was pending in this court from an order denying an earlier motion to vacate based on different grounds. See a…
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LEE v. State, 392 So. 2d 913 (Fla. 1st DCA 1980)…ng to vacate the same sentence on different grounds. We affirm the trial court’s order. Lee’s second motion may not properly be heard on the merits until the appeal of his first motion attacking the same sentence has been resolved. Wells v. State, 362 So. 2d 441 (Fla. 4th DCA 1978). Since we affirm on jurisdictional grounds only, we express no opinion on the merits of Lee’s motion. AFFIRMED. WENTWORTH and JOANOS, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gobie v. State, 188 So. 2d 34 (Fla. 3d DCA 1966)