TaheshaNoel Knight v. Matthew Glen Kepp
The Fifth District affirmed the denial of a stalking injunction and, on the appellant's motion for written opinion, explained why it could not reach her judicial-disqualification argument. Because the notice of appeal was filed before the trial court rendered its order denying the motion to disqualify, and no amended notice was filed to bring that later order within the appeal, the court lacked jurisdiction to review it. The court expressly declined to comment on the merits of the disqualification grounds.
Key facts
- TaheshaNoel Knight, proceeding pro se, petitioned the Circuit Court for Duval County for an injunction for protection against stalking directed at Matthew Glen Kepp, her former employer.
- Following an evidentiary hearing, the trial court denied the petition; the appellate record evidence was itself sufficient to sustain that denial.
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Holdings
- An appellate court has no jurisdiction to review an order denying a motion to disqualify the trial judge when that order is rendered after the notice of appeal is filed and the appellant…
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Why it matters
This opinion is a clean, citable reminder of a trap that catches litigants in every civil practice area: a notice of appeal fixes the universe of orders subject to review as of the date it is filed. Where a… — full analysis with a trial
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