Smith v. Fla. Dep't of Corr.

Full title: Glenn SMITH, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Sep 29, 2014

148 So. 3d 128 (Fla. Dist. Ct. App. 2014)

Opinion

No. 1D14–1057.

2014-09-29

Glenn SMITH, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.

An appeal from the Circuit Court for Leon County. John C. Cooper, Judge. Glenn Smith, pro se, Appellant. Pamela Jo Bondi, Attorney General, and David W. Grimes, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

An appeal from the Circuit Court for Leon County. John C. Cooper, Judge.
Glenn Smith, pro se, Appellant. Pamela Jo Bondi, Attorney General, and David W. Grimes, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.

Because a non-final appeal is pending of an order on transfer, it was error for the circuit court to issue a final order. Accordingly, the order dismissing the case is quashed and the cause is remanded for further proceedings after disposition of the non-final appeal. SeeFla. R. App. P. 9.130(f) (providing that the lower tribunal may not enter a final order disposing of the cause while an appeal of a non-final order is pending); Cooper v. Cooper, 69 So.3d 977 (Fla. 2d DCA 2011) (holding that trial court's purported final order was a nullity by operation of law where the order was entered while appeal of earlier non-final order was pending). WOLF, RAY, and OSTERHAUS, JJ., concur.