Thomas Home Corporation v. Emerald Coast Utilities Authority

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-1940 _____________________________ THOMAS HOME CORPORATION, Appellant, v. EMERALD COAST UTILITIES AUTHORITY, Appellee. _____________________________ On appeal from the Emerald Coast Utilities Authority. April 21, 2021 PER CURIAM. We dismiss this appeal for lack of jurisdiction. This Court has no jurisdiction to review an oral order. See Gregg v. State, 643 So. 2d 106 (Fla. 1st DCA 1994). A transcript cannot substitute as a written order. See Owens v. State, 579 So. 2d 311 (Fla. 1st DCA 1991) (holding that clerk’s minutes could not substitute for written order). Florida Rule of Appellate Procedure 9.110(b) provides that the Court’s jurisdiction is invoked by the filing of a notice of appeal within 30 days of rendition of the order to be reviewed. According to Florida Rule of Appellate Procedure 9.020(h), “rendition” occurs “when a signed, written order is filed with the clerk of the lower tribunal.” (emphasis added). All pending motions are denied as moot. LEWIS, ROBERTS, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Todd M. LaDouceur and Rebecca D. Gilliland of Galloway, Johnson, Tompkins, Burr & Smith, P.L.C., Pensacola, for Appellant. Robert O. Beasley, Phillip A. Pugh, and DeWitt D. Clark of Litvak Beasley Wilson & Ball, LLP, Pensacola, for Appellee. 2