State v. Smith

ON MOTION FOR REHEARING

We grant the State of Florida’s motion for rehearing, withdraw our opinion dated July 27, 2016, and issue the following opinion in its stead.

The State appeals a decision labeled “Order Declaring Mistrial.” Given the trial court did not issue its decision until more than a month after the jury was discharged and the verdict was rendered by being filed in the clerk’s records, the decision is actually an order granting a new trial. See Keene Bros. Trucking v. Pennell, 614 So.2d 1083, 1085 (Fla.1993) (“[W]hen the judge reserves ruling on a mistrial motion until after the…