Avery Cuff v. State of Florida

Summary

The Third District Court of Appeal denied Avery Cuff’s petition for a belated appeal as moot. The court vacated the trial court’s March 19, 2025 amended order denying jail credit because it was entered before the appellate mandate issued and directed the trial court to enter a new order with record attachments.

Holdings

1. The trial court lacked jurisdiction to enter the amended order before the appellate mandate issued because the mandate is the procedural vehicle by which jurisdiction transfers back to the trial court.
2. The petition for belated appeal must be denied as moot because the challenged amended order was entered without jurisdiction and was vacated; a new order may be timely appealed.

Questions Presented

1. Whether the trial court had jurisdiction to enter an order complying with the appellate court's directions before issuance of the appellate mandate.
2. Whether Cuff's petition for belated appeal should be granted when the challenged order was entered without trial-court jurisdiction and must be vacated.

Disposition

vacated