Kolek v. State of Florida - Reversed Order of Restitution
Summary
The District Court of Appeal of Florida reversed an order of restitution issued by the County Court for Highlands County in the case of Eugene Andrew Kolek v. State of Florida. The appellate court agreed that the trial court lacked jurisdiction to issue the order while a plenary appeal was pending.
What changed
The District Court of Appeal of Florida, in Case No. 6D2024-2086, has reversed an order of restitution previously issued by the County Court for Highlands County. The appellate court accepted the State of Florida's confession of error, acknowledging that the trial court lacked jurisdiction to enter the restitution order after the appellant had filed a notice of appeal. The case is remanded for further proceedings, including a potential new restitution hearing.
This decision reinforces the principle that a pending appeal divests the trial court of jurisdiction. Legal professionals and courts involved in similar cases should ensure that no orders are entered by a lower tribunal while an appeal is active. The primary implication is that the restitution order is nullified, and the matter must be re-adjudicated if restitution is still sought, following proper jurisdictional procedures.
What to do next
- Review pending appeals to ensure trial courts do not issue orders outside their jurisdiction.
- If a restitution order was issued while an appeal was pending, assess the impact and consider seeking vacatur.
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Feb. 26, 2026 Get Citation Alerts Download PDF Add Note
Eugene Andrew Kolek v. State of Florida
District Court of Appeal of Florida
- Citations: None known
- Docket Number: 6D2024-2086
Disposition: Reversed
Disposition
Reversed
Combined Opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2024-2086
Lower Tribunal No. 2022-MM-000604
EUGENE ANDREW KOLEK,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
Appeal from the County Court for Highlands County.
Anthony L. Ritenour, Judge.
February 26, 2026
PER CURIAM.
Appellant, Eugene Andrew Kolek, appeals an order of restitution dated April
4, 2023, on the basis that the trial court lacked jurisdiction to enter it because his
plenary appeal was then pending. Appellee, the State of Florida, confesses error in
its brief, and agrees with Appellant that the “trial court lacked jurisdiction to hold
the restitution hearing or enter an order of restitution” and that the “case should be
remanded back to the trial court where another restitution hearing may be
conducted.”
It is a generally accepted principle that a “party’s filing of a notice of appeal
divests the trial court of jurisdiction to enter a restitution order.” Jenkins v. State,
954 So. 2d 738, 738 (Fla. 2d DCA 2007). Accordingly, we accept the State’s
confession of error, reverse the trial court’s order on restitution and remand for
further proceedings. On remand, the trial court may conduct another hearing for
restitution. See Nguyen v. State, 655 So. 2d 1249, 1250 (Fla. 1st DCA 1995).
REVERSED and REMANDED with directions.
WHITE, SMITH and BROWNLEE, JJ., concur.
Blair Allen, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow
for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Christopher Manon, Assistant
Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF FILED
2
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