BARBARA BIDDLE SPAIN, APPELLANT,

v.

FRANK KYLE SPAIN, APPELLEE

Citator

Cited By

• Cohens v. Honorable Thomas Elwell, 600 So. 2d 1224 (Fla. 1st DCA 1992)
  …ion of a mistrial. Petitioner argues that there was no manifest necessity for a mistrial. Manifest necessity arises because of some misfortune which, although the fault of neither party, renders continuation of the trial impossible. Raszka v. Burk, 436 So. 2d 255 (Fla. 4th DCA 1983), review denied, 446 So. 2d 100 (Fla.1984). The trial was rescheduled for Friday even though it could [*1226] have been conducted on Thursday, August 15. On Tuesday of that week, the court advised the attorneys that two of the jur…
• Thomason v. State, 594 So. 2d 310 (Fla. 4th DCA 1992)
  …rupulously exercised his judicial discretion and was led to the conclusion that the ends of public justice would not be served by a continuation of the proceedings. U.S. v. Jom, 400 U.S. 470, 91 S.Ct. 547, 27 L. ed. 2d 543 (1971) and Raszka v. Burk, 436 So. 2d 255 (Fla. 4th DCA 1983). There is no evidence that Judge Gross-man’s decision to declare a mistrial was for an improper reason, such as to allow the State to be in a better position on a re-trial of the case. 12. Although any doubt should be resolved i…
• Joseph v. State, 988 So. 2d 133 (Fla. 1st DCA 2008)
  …reserve the continuity of the trial.”); C.A.K. v. State, 661 So. 2d 365 (Fla. 2d DCA 1995) (holding that a trial court must consider and reject all possible alternatives before declaring a mistrial over the objection of a defendant); Raszka v. Burk, 436 So. 2d 255, 257 (Fla. 4th DCA 1983) (holding that the doctrine of manifest necessity requires trial courts to not declare a mistrial until a scrupulous exercise of discretion leads to the conclusion that the ends of public justice would not be served by a cont…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)