JAMES DAVID DOWNEY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Combs v. State, 436 So. 2d 93 (Fla. 1983)
  …without allowing briefs to be filed and considered, a circuit judge making a decision without a record to support the decision, Lee v. State, 374 So. 2d 1094 (Fla. 4th DCA 1979), or the circuit court dismissing an appeal improperly. Lynch v. State, 409 So. 2d 133 (Fla. 5th DCA 1982). 420 So. 2d at 317. We find that the district court has taken too narrow a view of what constitutes a [*95] “departure from the essential requirements of law.” The use of this phrase has generated much confusion; we recognize t…
• Combs v. State, 420 So. 2d 316 (Fla. 5th DCA 1982)
  …without allowing briefs to be filed and considered, a circuit judge making a decision without a record to support the decision, Lee v. State, 374 So. 2d 1094 (Fla. 4th DCA 1979), or the circuit court dismissing an appeal improperly. Lynch v. State, 409 So. 2d 133 (Fla. 5th DCA 1982). The Court of Appeal is not here to provide a second appeal from county court decisions. If we were, why would we need the circuit court as the intermediary? The error as alleged by the petition is noted, but the certiorari is ne…
• Wyhopen v. VIA, 443 So. 2d 419 (Fla. 2d DCA 1984)
  …appeal because no written order or judgment denying the beneficiary Corra’s motion to intervene has ever been rendered. Thus, there is nothing from which cross-appellant can appeal. See State v. Wells, 326 So. 2d 175 (Fla.1976), and Downey v. State, 409 So. 2d 133 (Fla. 4th DCA 1982). REVERSED and REMANDED for entry of an order consistent with this opinion. RYDER, A.C.J., and SCHOONOVER, J., concur. . During these proceedings, Bruce C. Wrinkle was substituted as trustee in place of Warren G. Harding. . Th…

Authorities Cited

• State v. Wells, 326 So. 2d 175 (Fla. 1976)