Cuff v. State
Cuff sought a belated appeal of an order denying his motion for jail credit correction under Rule 3.801, but the Third DCA found the trial court's amended order was entered before the appellate mandate issued from a prior appeal, meaning the trial court lacked jurisdiction to act. The court denied the belated appeal petition as moot but vacated the amended order and instructed the trial court to re-enter a proper order (with record attachments) now that jurisdiction has returned.
Key facts
- Cuff sought a belated appeal of an order denying his motion for jail credit correction under Rule 3.801.
- The trial court entered an amended order correcting the jail credit before the appellate mandate from a prior appeal was issued, leaving the trial court without jurisdiction to act.
- +2 more key facts with a free trial
Why it matters
This opinion reinforces a recurring trap for trial courts on remand: compliance with an appellate mandate before the mandate actually issues renders the resulting order void for lack of jurisdiction, regardless of how… — full analysis with a trial
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