Florida District Courts of Appeal, 2011

Farley v. State

Farley v. State
Florida District Courts of Appeal · Decided March 4, 2011 · Griffin, Torpy, Cohen
55 So. 3d 721; 2011 Fla. App. LEXIS 2691; 2011 WL 743435 (Southern Reporter, Third Series)
Farley v. State

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Joseph Farley appeals the denial of a dispositive motion to suppress. Finding no error, we affirm. See Ortiz v. State, 24 So.3d 596 (Fla. 5th DCA 2009); P.B.P. v. State, 955 So.2d 618 (Fla. 2d DCA 2007).

We treat Farley’s motion to vacate the trial court’s order for restitution as a supplemental brief following the amendment of his notice of appeal. Although the trial court reserved jurisdiction to determine *722 restitution, because it conducted the hearing and entered the order after a notice of appeal had been filed, that order is without effect. See Nguyen v. State, 655 So.2d 1249, 1249-50 (Fla. 1st DCA 1995). Upon remand, the trial court may conduct a new hearing and again impose restitution.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

GRIFFIN, TORPY and COHEN, JJ„ concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.