Steven McBride v. Courtney Keller and Savannah Young

Summary

The Florida Fifth District Court of Appeal held that the trial court lacked jurisdiction to dismiss Steven McBride’s complaint with prejudice while an interlocutory appeal was pending. The appellate court vacated the dismissal and remanded, noting that the trial court may enter a new dismissal order after appellate jurisdiction has been restored.

Holdings

1. Under Florida Rule of Appellate Procedure 9.130(f), absent a stay, the lower tribunal may proceed with matters during review of a non-final order but may not render a final order disposing of the cause while that review is pending.
2. A lower tribunal generally lacks jurisdiction to enter a final order disposing of the cause on the same day an appellate court dismisses an interlocutory appeal because full jurisdiction is not automatically restored until the appellate mandate issues.
3. A final order entered without jurisdiction is a nullity and cannot be treated as harmless error; the order must be vacated.

Questions Presented

1. Whether the trial court had jurisdiction to enter a final order dismissing the complaint with prejudice while an interlocutory appeal was pending.
2. Whether dismissal of the interlocutory appeal automatically restored the trial court's full jurisdiction before issuance of the appellate mandate.
3. What disposition was required for a final order entered without jurisdiction.

Disposition

vacated