STATE OF FLORIDA, APPELLANT,
v.
JAMES WESLEY KENDRICK, APPELLEE
STATE OF FLORIDA, APPELLANT,
JAMES WESLEY KENDRICK, APPELLEE
428 So. 2d 334
Florida District Court of Appeal, Second District (1983)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
The state appeals the trial court’s order granting appellant’s motion to dismiss the information by which appellant was charged with grand theft in violation of section 812.014, Florida Statutes (1981). The trial court’s order dismissed the information on the basis that it failed to allege that appellant intended to deprive or appropriate permanently the property of another. Based upon the holding in State v. Dunmann, 166 So. 2d 427 (Fla.1983), we reverse the trial court’s order and remand with directions that appellant proceed to trial as charged.
GRIMES, Acting C.J., and RYDER and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Nationwide Carpet & Drapery Co., Inc. v. Hezekiah McMILLIAN and Betty Jane McMillian, 444 So. 2d 1162 (Fla. 3d DCA 1984)…ate appellant’s action after the appellant had terminated its action against appellees by announcing a voluntary dismissal. Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So. 2d 68 (Fla.1978); United Services Automobile Association v. Johnson, 428 So. 2d 334 (Fla. 2d DCA 1983); Carolina Casualty Company v. General Truck Equipment and Trailer Sales, Inc., 407 So. 2d 1095 (Fla. 1st DCA 1982); Sun First National Bank of Delray Beach v. Green Crane & Concrete Services, Inc., 371 So. 2d 492 (Fla. 4th DCA 197…
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Miller v. Fortune Ins. Co., 453 So. 2d 489 (Fla. 2d DCA 1984)…68 (Fla. 1978), that a trial court is divested of jurisdiction once there is a voluntary dismissal of an action. See also Piper Aircraft Corporation v. Prescott, 445 So. 2d 591 (Fla. 1st DCA 1984); United Services Automobile Association v. Johnson, 428 So. 2d 334 (Fla. 2d DCA 1983). In Randle, the plaintiff brought a wrongful death action against Randle-East-ern Ambulance Service, Inc. for negligence in performing ambulance services. At trial, the plaintiff was prohibited from introducing certain evidence a…
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Piper Aircraft Corp. v. Prescott, 445 So. 2d 591 (Fla. 1st DCA 1984)…b).” Carolina Casualty Company v. General Truck Equipment & Trailer Sales, Inc., 407 So. 2d 1095, 1096 (Fla. 1st DCA 1982) (e.s.). See generally Heston v. Vitale, 432 So. 2d 744 (Fla. 4th DCA 1983); United Services Automobile Association v. Johnson, 428 So. 2d 334 (Fla. 2d DCA 1983); Knight v. County of Alachua, 396 So. 2d 846 (Fla. 1st DCA 1981); American Home Assurance Co. v. Fredrikson, 391 So. 2d 358 (Fla. 2d DCA 1980); Tinsley v. McDonald, 378 So. 2d 816 (Fla. 3d DCA 1979); Hayden v. Hayden, 373 So. 2d 4…
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