Opinion
No. 1D00-5007.
Opinion filed May 9, 2001.
An appeal from the Circuit Court for Leon County. N. Sanders Sauls, Judge.
Appeal Dismissed.
Eric B. Tilton of Tilton Metzger, P.A., Tallahassee for Appellant Super Transport, Inc.; Thomas J. Jones and Susan L. Kelsey of Holland Knight LLP, Tallahassee, for Appellant AAA Air Express of Miami, Ltd.; W. David Watkins of Watkins Caleen, P.A., Tallahassee, for Appellant Claridge House, Inc.; Kenneth J. Plante of Gray, Harris Robinson, P.A., Orlando, for Appellant Elegant Marble, Inc.; F. Townsend Hawks of Carlton, Fields, Ward, Emmanuel, Smith Cutler, P.A., Tallahassee, for Appellant Southeastern Staffing, Inc.; William R. Clayton and David O. Batista of Fowler, White, Burnett, Hurley, Banick Strickroot, P.A., Miami, for Appellant Concrete Structures, Inc.; and Joseph C. Dominguez, Tampa, for Appellant Staffing Concepts, Inc.
Thomas J. Korge and Christopher G. Korge of Korge Korge, Coral Gables; Dennis Threadgill and C. Timothy Gray of the Florida Department of Insurance, Division of Rehabilitation and Liquidation, Tallahassee; and Richard J. Lydecker of Diaz O'Naghten, LLP, Miami.
This is an appeal from a nonfinal "order upon relinquishment of appellate jurisdiction for clarification of the supplemental order for assessment" (clarifying order) entered in a receivership proceeding in which the appellee Florida Department of Insurance was appointed receiver of Florida Employers Safety Association Self-Insurance Fund. We dismiss the appeal, because the trial court did not have jurisdiction at the time it entered the clarifying order. When this court relinquished jurisdiction to the trial court in Case No. 1D00-3433 to rule on the emergency motion for clarification filed by the receiver, it did so until December 5, 2000, yet the clarifying order was not entered until December 15, 2000, ten days after jurisdiction had already returned to this court. Cf. Palma Sola Harbour Condo., Inc. v. Huber, 374 So.2d 1135, 1138 (Fla. 2d DCA 1979) (reversing trial court order entered upon relinquishment of jurisdiction because order was beyond the scope of the matters authorized for consideration on relinquishment). Thus, the clarifying order is a nullity and is not subject to separate appeal.
Our disposition of the jurisdictional issue moots our consideration of the remaining merit issues.
ERVIN, BOOTH and ALLEN, JJ., Concur.