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Thomas Home Corp. v. Emerald Coast Utilities Auth.

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Apr 21, 2021
315 So. 3d 793 (Fla. Dist. Ct. App. 2021)

Opinion

No. 1D20-1940

04-21-2021

THOMAS HOME CORPORATION, Appellant, v. EMERALD COAST UTILITIES AUTHORITY, Appellee.

Todd M. LaDouceur and Rebecca D. Gilliland of Galloway, Johnson, Tompkins, Burr & Smith, P.L.C., Pensacola, for Appellant. Robert O. Beasley, Phillip A. Pugh, and DeWitt D. Clark of Litvak Beasley Wilson & Ball, LLP, Pensacola, for Appellee.


Todd M. LaDouceur and Rebecca D. Gilliland of Galloway, Johnson, Tompkins, Burr & Smith, P.L.C., Pensacola, for Appellant.

Robert O. Beasley, Phillip A. Pugh, and DeWitt D. Clark of Litvak Beasley Wilson & Ball, LLP, Pensacola, for Appellee.

Per Curiam. We dismiss this appeal for lack of jurisdiction. This Court has no jurisdiction to review an oral order. See Gregg v. State , 643 So. 2d 106 (Fla. 1st DCA 1994). A transcript cannot substitute as a written order. See Owens v. State , 579 So. 2d 311 (Fla. 1st DCA 1991) (holding that clerk's minutes could not substitute for written order). Florida Rule of Appellate Procedure 9.110(b) provides that the Court's jurisdiction is invoked by the filing of a notice of appeal within 30 days of rendition of the order to be reviewed. According to Florida Rule of Appellate Procedure 9.020(h), "rendition" occurs "when a signed, written order is filed with the clerk of the lower tribunal." (emphasis added). All pending motions are denied as moot.

Lewis, Roberts, and M.K. Thomas, JJ., concur.


Summaries of

Thomas Home Corp. v. Emerald Coast Utilities Auth.

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Apr 21, 2021
315 So. 3d 793 (Fla. Dist. Ct. App. 2021)
Case details for

Thomas Home Corp. v. Emerald Coast Utilities Auth.

Case Details

Full title:THOMAS HOME CORPORATION, Appellant, v. EMERALD COAST UTILITIES AUTHORITY…

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Apr 21, 2021

Citations

315 So. 3d 793 (Fla. Dist. Ct. App. 2021)