Lloyd v. Harrison, BH-323
| Decision Date | 06 June 1986 |
| Docket Number | No. BH-323,BH-323 |
| Citation | 11 Fla. L. Weekly 1280,489 So.2d 856 |
| Parties | 11 Fla. L. Weekly 1280 Winston LLOYD, Appellant, v. Baya HARRISON, Appellee. |
| Court | Florida District Court of Appeals |
Baya Harrison, Tallahassee, for appellee.
This case had been fully briefed and had proceeded to conference before the court became aware of the possibility that it did not have jurisdiction to entertain the appeal. The record indicates that the trial court did not rule upon the motion for rehearing filed on June 25, 1985 prior to the filing of the notice of appeal. If that is so, this court would not have jurisdiction to entertain this appeal and the notice of appeal would hang "somewhere in limbo" until such time as the trial court effectuates rendition by ruling on the motion for rehearing. See Park v. Bayview Village Condominium Association, 468 So.2d 1116, 1117 (Fla. 4th DCA 1985), in which the court relied upon Williams v. State, 324 So.2d 74 (Fla.1975).
However, it is unclear from the record whether the motion for rehearing was timely. Therefore, the case is remanded to the trial court for determination of whether the motion was timely, and for disposition of the motion. Appellant is directed to inform this court within thirty (30) days whether the trial court has ruled on or otherwise disposed of the motion for rehearing, and to supplement the record with any such disposition. When this court receives notice that the trial court has disposed of the motion, the notice of appeal shall mature and vest jurisdiction in this court.
We certify to the Florida Supreme Court, as a matter of great public importance, the following questions:
1. Are the appellate courts of this state bound by what appears to be dictum in Williams v. State, 324 So.2d 74, 79-80 (Fla.1975), to the effect that notices of appeal filed after written judgment is filed for recording, but before a post-trial motion is decided, are premature, but may not be dismissed on that ground?
2. If so, does the Williams rule apply even in the case where the post-trial motion was filed by the appellant, or may the appellate court treat such motions as having been abandoned by the action of filing the notice of appeal, Allen v. Town of Largo, 39 So.2d 549 (Fla.1949)?
3. If the Williams rule would apply in such situations, are the appellate courts required to search the record in each case for evidence that such a post-trial motion has been filed and has not been ruled upon?
4. If the appellate court...
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Forfeiture of $104,591 in U.S. Currency, In re, 90-1822
...our disagreement with the cases that hold to the contrary. E.g., Leopard v. State, 489 So.2d 859 (Fla. 1st DCA 1986); Lloyd v. Harrison, 489 So.2d 856 (Fla. 1st DCA 1986); Hathcock v. State, 492 So.2d 756 (Fla. 4th DCA 1986); Park v. Bayview Village Condominium Ass'n, Inc., 468 So.2d 1116 (......
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Forfeiture of $104,591 in U.S. Currency, In re
...court expressly recognized that its holding was in conflict with Leopard v. State, 489 So.2d 859 (Fla. 1st DCA 1986); Lloyd v. Harrison, 489 So.2d 856 (Fla. 1st DCA 1986); Hathcock v. State, 492 So.2d 756 (Fla. 4th DCA 1986); and Park v. Bayview Village Condominium Association, 468 So.2d 11......
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Estate of Retzel v. CSX Transp., Inc., s. 89-2953
...in effect and the appeal is in "limbo" until disposition of the motion for rehearing on the merits by the trial court. Lloyd v. Harrison, 489 So.2d 856 (Fla. 1st DCA 1986); Leopard v. State, 489 So.2d 859 (Fla. 1st DCA 1986); In the Interest of R.N.G., 496 So.2d 988 (Fla. 1st DCA 1986). The......
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Florida Star v. B.J.F., BK-253
...the post-trial motions, and we distinguish this case from Leopard v. State, 489 So.2d 859 (Fla. 1st DCA 1986), and Lloyd v. Harrison, 489 So.2d 856 (Fla. 1st DCA 1986), wherein the post-trial motions were filed prior to the notice of appeal being filed. In those cases, the sequence of filin......