ESTELLA BYRD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Chief Judge.
In an Anders1 brief, the appellant asks us to determine if the trial court erred in accepting a plea of guilty to a charge of battery on a law enforcement officer. The appeal is dismissed because no appeal lies from a plea of guilty except in very limited circumstances. Fla.R.App.P. 9.140(b), Robinson v. State, 373 So. 2d 898 (Fla.1979). Any question of the voluntary and intelligent character of the plea should first be presented to the trial court in a motion to withdraw the plea. Graff v. State, 389 So. 2d 333 (Fla. 5th DCA 1980); Fick v. State, 388 So. 2d 1352 (Fla. 5th DCA 1980); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979).
The appeal is dismissed without prejudice to the right of appellant to seek collateral relief in the trial court. The motion of the public defender to withdraw is granted.
Appeal DISMISSED.
DAUKSCH and FRANK D. UP-CHURCH, Jr., JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Isley v. State, 565 So. 2d 389 (Fla. 5th DCA 1990)…efore the trial court pursuant to rule 3.850, Florida Rules of Criminal Procedure. No motion to withdraw the plea was filed by the defendant in the trial court thereby waiving any appeal relating to the voluntariness of the plea. See Byrd v. State, 419 So. 2d 725 (Fla. 5th DCA 1982). In Byrd this court dismissed an Anders appeal where the appellant challenged the validity of his guilty plea without first filing in the trial court a motion to withdraw such plea. Without an express reservation of the right to…
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Salem G. Zebouni v. Toler, 513 So. 2d 784 (Fla. 1st DCA 1987)…duciary obligation to account to Hibiscus, as the limited partner, for the profits of the partnership. This is a classic cause of action for an accounting. Id. at 275. Likewise, in Colonies Condominium Association, Inc. v. Clairview Holdings, Inc., 419 So. 2d 725 (Fla. 5th DCA 1982), the complaint had alleged various types of wrongdoing and was in seven counts, two of which demanded an accounting. Over a strong assertion that the information was needed to prove plaintiff’s case, the trial court’s protective…
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Fla. Gaming Corp. OF Del. v. Am. Jai-Alai, Inc., 673 So. 2d 523 (Fla. 4th DCA 1996)…has turned on a finding that the case was “essentially” or “primarily” one for an accounting. Peele, 427 So. 2d at 275; Zebouni v. Toler, 513 So. 2d 784, 787 (Fla. 1st DCA 1987); but see Colonies Condominium Ass’n, Inc. v. Clairview Holdings, Inc., 419 So. 2d 725 (Fla. 5th DCA 1982). Flexibility in this area should be encouraged. Bifurcation of multieount lawsuits can be complicated, especially where there has been a jury demand and the same fact issue pervades the legal and equitable causes of action. See,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)
- Fick v. State, 388 So. 2d 1352 (Fla. 5th DCA 1980)
- Graff v. State, 389 So. 2d 333 (Fla. 5th DCA 1980)