EUGENE ANDREW KOLEK v. STATE OF FLORIDA

S IXTH D ISTRICT COURT OF APPEAL
S TATE OF F LORIDA
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Case No. 6D2024-2086
Lower Tribunal No. 2022-MM-000604
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EUGENE A NDREW K OLEK,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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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.”

2
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