Opinion
Case No. SC07-321.
July 18, 2007.
Lower Tribunal No.: 5D06-1984.
After considering the petition for writ of prohibition, we grant the petition but withhold issuance of the writ at this time. Cf. Cantera v. District Court of Appeal, Third District, 555 So. 2d 360, 362 (Fla. 1990) (stating as follows: "The trial judge lost jurisdiction when he denied the motion for rehearing. Consequently, the notice of appeal filed more than two months later was untimely. An appellate court cannot exercise jurisdiction over a cause when a notice of appeal has not been timely filed."). Accordingly, we remand this matter to the Fifth District Court of Appeal for prompt dismissal of the appeal in Case No. 5D06-1984.
Petitioner's Motion for Attorney's Fees is hereby granted; after the district court dismisses the appeal, this matter should be returned to the trial court for determination of amount.
WELLS, ANSTEAD, PARIENTE, QUINCE, and BELL, JJ., concur.