Johnson v. State, 90-2853
| Decision Date | 31 January 1991 |
| Docket Number | No. 90-2853,90-2853 |
| Citation | 573 So.2d 1021,16 Fla. L. Weekly 385 |
| Parties | 16 Fla. L. Weekly 385 William Sonny JOHNSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Susan Lewis, Asst. Public Defender, Green Cove Springs, for appellant.
No appearance for appellee.
On the court's own motion, we consider whether the order being appealed has been rendered so that the appeal may proceed.
A jury found appellant guilty of armed robbery in violation of section 812.13(2)(c), Florida Statutes. In accordance with that finding the trial court signed a judgment and sentence. Appellant appealed the judgment and sentence. Pursuant to this court's internal operating procedures the record, upon receipt, was reviewed to determine, among other things, whether the notice of appeal was timely filed. See Miller v. State, 564 So.2d 259 (Fla. 1st DCA 1990). Since the timeliness of the notice of appeal is determined by the date of rendition of the order to be reviewed and the date of the filing of the notice of appeal, we reviewed the judgment and sentence to determine the date of rendition of the orders being appealed. 1 Rendition is defined in the Rules of Appellate Procedure as "the filing of a signed, written order with the clerk of the lower tribunal." Fla.R.App.P. 9.020(g). If the order being appealed has not been rendered, the appeal cannot proceed because jurisdiction has not been vested in the appellate court. Williams v. State, 324 So.2d 74, 79 (Fla.1975). From our review of the record we cannot determine the date of rendition 2 of the judgment and sentence. Our inability to determine the date of rendition is caused by the lack of any notation on the judgment and sentence, such as a date stamp, which indicates the date of rendition. Being unable to determine the date of rendition we are unable to determine whether this appeal should proceed.
Accordingly, the record on appeal is returned to the lower tribunal for 20 days from the date of this order with directions for the clerk of the lower tribunal to indicate the date of rendition of the judgment and sentence by noting on the face of the judgment and sentence the date of filing of the judgment and sentence in the clerk's office.
1 This is an appeal pursuant to Florida Rule of Appellate Procedure 9.140. The time for filing such an appeal is controlled by Rule 9.140(b)(2). That rule provides in pertinent part: ...
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...on top of pleadings previously filed, have been held insufficient to invoke the appellate court's jurisdiction. See Johnson v. State, 573 So.2d 1021 (Fla. 1st DCA 1991); State v. Moore, 563 So.2d 115 (Fla. 2d DCA 1990). Accordingly, we dismiss this appeal and remand this cause to the trial ......
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