PENALOZA v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Marcelino PENALOZA, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-1434

Decided: September 08, 2021

Marcelino Penaloza, Bonifay, pro se. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

AFFIRMED. See Christakis v. Tivoli Terrace, LLC, 219 So. 3d 85, 86–87 (Fla. 4th DCA 2017) (holding that the January 1, 2015 amendment to Florida Rule of Appellate Procedure 9.020(i)(3) does not have retroactive effect so as to undo the abandonment of a motion for new trial which resulted under the prior version of the rule when the notice of appeal was filed before the filing of a signed, written order disposing of the motion for new trial filed by the appealing party).

PER CURIAM.

LAMBERT, C.J., EVANDER and WALLIS, JJ., concur.

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