ENTENMANN'S BAKERY OF FLORIDA, INC., ET AL., APPELLANTS,
v.
JAMES LOUGHLIN, APPELLEE
ENTENMANN'S BAKERY OF FLORIDA, INC., ET AL., APPELLANTS,
JAMES LOUGHLIN, APPELLEE
368 So. 2d 1291
Florida Supreme Court (1979)
Negative Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
The order of the trial court, holding section 627.7262, Florida Statutes (1977), to be unconstitutional, is affirmed. See Markert v. Johnston, 367 So. 2d 1003 (Fla.1978). This case is transferred to the District Court of Appeal, Fourth District, for consideration of the remaining points on appeal.
It is so ordered.
ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. ADKINS, J., concurs specially with an opinion.
Concurrence
ADKINS, Justice,
concurring specially.
I concur specially for the reasons set forth in my specially concurring opinion in Aubrey v. Larson, 368 So. 2d 1289 (Fla. 1979).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Basil McDERMOTT v. The State of Fla. & the Honorable Frederick Barad, 383 So. 2d 712 (Fla. 3d DCA 1980)…s never reassembled and remained on a standby basis. When the jury panel was sworn for voir dire examination, the trial was deemed to have commenced for the purpose of the speedy trial rule, Florida Rule of Criminal Procedure 3.191. Moore v. State, 368 So. 2d 1291 (Fla.1979). Therefore, disposition of this case is not governed by the speedy trial rule. Additionally, the continuances authorized by Florida Rule of Criminal Procedure 3.190(g) are those prior to commencement of the trial. Consequently, the centra…
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Hernandez v. State, 572 So. 2d 969 (Fla. 3d DCA 1990)…the speedy trial rule. As the jury panel was sworn for voir dire examination within the relevant period, that contention is without merit. See Fla.R.Crim.P. 3.191(a)(3); McDermott v. State, 383 So. 2d 712 (Fla. 3d DCA 1980); see also Moore v. State, 368 So. 2d 1291 (Fla.1979). Defendant also contends that he is entitled to discharge under the rule announced in McDermott, owing to separation of the jury between the time it was selected and the commencement of the evi-dentiary portion of the trial. The circumst…
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LOY v. Leone, 546 So. 2d 1187 (Fla. 5th DCA 1989)…25th. In our view, the selection and swearing in of the jurors on January 25th was the “commencement of the trial” under Florida law. It is well established that a criminal case commences with the selection and swearing of the jury. Moore v. State, 368 So. 2d 1291 (Fla.1979); McDermott v. State, 383 So. 2d 712 (Fla. 3d DCA 1980); Brannan v. State, 383 So. 2d 234 (Fla. 1st DCA 1979); State ex rel. Capibianco v. Green, 377 So. 2d 979, 980 (Fla. 1st DCA 1979), cert. denied, 388 So. 2d 1110 (Fla.1980). There is n…1 / 2
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Markert v. Johnston, 367 So. 2d 1003 (Fla. 1978)
- Aubry v. Larson, 368 So. 2d 1289 (Fla. 1979)
- Jones v. Travelers Indem. Co. OF R.I., 368 So. 2d 1289 (Fla. 1979)