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178 So. 3d 972

Whitfield v. State

District Court of Appeal of Florida

Decided December 4, 2015

District Court of Appeal of Florida · decided 2015-12-04

Relies on 982 So. 2d 72 - Mann-Stack v. Homeside Lending, Inc. · Padilla-Padial v. State

Decided 2015-12-04

PER CURIAM.

¶1Because the trial court lacked jurisdiction when it entered its corrected disposition and sentencing orders while Whitfield’s direct appeal was pending, we are compelled to reverse. See Padilla-Padial v. State, 152 So.3d 51, 52 (Fla. 5th DCA 2014); see also Mann-Stack v. Homeside Lending, Inc., 982 So.2d 72, 73-74 (Fla. 2d DCA 2008) (holding that, once notice of appeal is filed, lower court is divested of jurisdiction to proceed with matters related to appealed order). The trial court is not precluded from reentering the corrected disposition and sentencing orders on remand.

¶2REVERSED and REMANDED.

SAWAYA, ORFINGER and EVANDER, JJ., concur.
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