Howell v. Jackson

*1082 ORDER GRANTING RELINQUISHMENT

KLEIN, J.

Appellant defendant filed a notice of appeal from a final judgment based on a jury-verdict even though his post-trial motions were pending. He has filed a motion requesting that we relinquish jurisdiction for the trial court to rule on his motions.

Appellee objects, citing Florida Rule of Appellate Procedure 9.020(h)(3), which provides that a party who files a notice of appeal is “deemed” to have abandoned his own pending post-trial motions. In re Forfeiture of $101, 591, 589 So.2d 283 (Fla.1991). Appellee, however, also had pending post-trial motions.…