STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
WILLIAM SOTO, APPELLEE/CROSS-APPELLANT
Explore caselaw by topic → Browse Appealability Of Orders cases and more on FLexlaw
ORFINGER, Chief Judge.
The State appeals an order dismissing the information on the ground that it was not properly signed by an authorized person. The defendant cross-appeals that portion of the same order which refused to dismiss the information on the ground that it failed to properly charge an essential element of the crime. The State moves to dismiss the cross-appeal.
An order denying a motion to dismiss an information is not one of the orders which a defendant in a criminal case may appeal. See Fla.R.App.P. 9.140(b). Since that portion of the order complained about by defendant is not appealable on a direct appeal taken by a defendant, it is not appealable by cross-appeal in an appellate proceeding initiated by the State. See State v. Clark, 384 So. 2d 687 (Fla. 4th DCA 1980); rev. denied, 392 So. 2d 1372 (Fla.1980). Defendant has an adequate remedy by an appeal from a final judgment, should one be entered against him.
The cross-appeal is DISMISSED.
DAUKSCH and COBB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. McADAMS, 559 So. 2d 601 (Fla. 5th DCA 1990)…l of the same order before a different panel, the interest of justice and judicial economy justifies considering the cross-appeal in this case. To the extent that State v. H.M. Bowness Oil, Inc., 522 So. 2d 73 (Fla. 5th DCA 1988), and State v. Soto, 444 So. 2d 1151 (Fla. 5th DCA 1984), are inconsistent with this opinion, we recede from those cases. DANIEL, C.J., and DAUKSCH, COBB, W. SHARP, COWART, GOSHORN, PETERSON and GRIFFIN, JJ., concur. . Cross-appeals are not jurisdictional. See Safeco Ins. Co. v Rocho…
-
Mitchell v. State, 538 So. 2d 106 (Fla. 4th DCA 1989)…rt has jurisdiction. In Baker v. State, 518 So. 2d 457 (Fla. 5th DCA 1988), the Fifth District, citing to rule 9.140(b) and (c), Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987), Combs v. State, 436 So. 2d 93 (Fla.1983), and State v. Soto, 444 So. 2d 1151 (Fla. 5th DCA 1984), refused to accept jurisdiction of a circuit court opinion reversing an order granting a motion to dismiss. The court found that such an opinion amounted to the same thing as an order denying a motion to dismiss, concluding that…1 / 2
-
State v. H.M. Bowness OIL, Inc., 522 So. 2d 73 (Fla. 5th DCA 1988)…e denial by the trial court of his motion to dismiss, which challenged prosecutorial authority below and the procedural sufficiency of the information. This was not an appealable order, and the cross-appeal is therefore dismissed. See State v. Soto, 444 So. 2d 1151 (Fla. 5th DCA 1984). Accordingly, we affirm the trial court’s dismissal of counts one through twenty of the information (the embezzlement counts) with leave to amend to include the requisite criminal intent, and we reverse the trial court’s dismiss…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Clark, 384 So. 2d 687 (Fla. 4th DCA 1980)