THE STATE OF FLORIDA, APPELLANT,
v.
J.H., A JUVENILE, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
J.H., A JUVENILE, APPELLEE
454 So. 2d 564
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
On the authority of State v. C.C., 449 So. 2d 280 (Fla. 3d DCA 1983) (en banc), we deny the State’s motion for rehearing of our dismissal of its appeal from the trial court’s order granting a motion to suppress in a juvenile case and decline to treat the unauthorized notice of appeal as a petition for writ of certiorari. We certify to the Supreme Court of Florida that this decision passes upon a question of great public importance, namely:
“Does the State have the authority to file an interlocutory appeal from an order granting a motion to suppress in a juvenile case, and, if not, may this court review that order by certiorari?”
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cabrera v. Pazos, Larrinaga & Taylor, P.A., 922 So. 2d 422 (Fla. 2d DCA 2006)…urt from dismissing the action for lack of prosecution.”). Failure of the trial court to set the case for trial precludes dismissal for failure to prosecute despite the lack of record activity. Reyes, 895 So. 2d at 1274-75; see Pierstorff v. Stroud, 454 So. 2d 564, 565 (Fla. 2d DCA 1983). This matter was never scheduled for trial after Mr. Cabrera filed his notice for jury trial.3 The trial court abused its discretion when it dismissed Mr. Cabrera’s complaint for failure to prosecute pursuant to rule 1.420(e…
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Arleen Hansen Carlson v. Jeflis Prop. Mgmt. Corp., 904 So. 2d 642 (Fla. 2d DCA 2005)…a proper notice for trial1 bars the court from dismissing the action for lack of prosecution. See, Mikos v. Sarasota Cattle Co., 453 So. 2d 402 (Fla.1984); Young v. Mobile Dental Health, Inc., 730 So. 2d 766 (Fla. 2d DCA 1999); Pierstorff v. Stroud, 454 So. 2d 564 (Fla. 2d DCA 1983); Rodriguez v. Gonzalez Moving & Storage Co., 595 So. 2d 275 (Fla. 3d DCA 1992).2 As the Fourth [*645] District stated in Fox v. Playa Del Sol Ass’n, 446 So. 2d 126 (Fla. 4th DCA 1983), “After notice of trial, absent any other happ…
Authorities Cited
- State v. C.C., 449 So. 2d 280 (Fla. 3d DCA 1983)