STATE OF FLORIDA, APPELLANT,
v.
IN THE INTEREST OF D.I., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Fourth District Court of Appeal recalled its own mandate and dismissed the state's appeal from a delinquency adjudication dismissal after learning from recent Florida Supreme Court decisions that the state lacks statutory appellate rights in juvenile delinquency cases under section 39.14, Florida Statutes.
The court lacked jurisdiction to entertain the state's appeal because section 39.14, Florida Statutes, does not extend the right of appeal to the state in juvenile delinquency cases. The court recalled its mandate and dismissed the appeal as required by intervening Florida Supreme Court precedent in State v. C.C. and State v. G.P.
[1] An appellate court has the power to recall its mandate if the recall occurs during the term in which the mandate was issued.
[2] The state's right of appeal under section 39.14, Florida Statutes (1981), does not extend to the state, and the state may not use certiorari for appellate review in such…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the right of appeal given in section 39.14, Florida Statutes (1981), does not extend to the state and, further, that the state may not utilize certiorari as an alternate avenue for appellate review”
Establishes that recent Florida Supreme Court precedent eliminated the state's appellate rights in juvenile delinquency cases
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe state appealed from an order dismissing a petition for adjudication of delinquency against D.I. On August 21, 1985, this court issued an opinion r…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Recall Mandate cases and more on FLexlaw
PER CURIAM.
As a result of an appeal by the state from an order dismissing a petition for adjudication of delinquency, this court issued an opinion on August 21, 1985, 474 So. 2d 408, reversing the dismissal and remanding for further proceedings. Neither party filed a motion for rehearing and the mandate was issued on September 6, 1985.
Now counsel for the juvenile/appel-lee has filed a motion to recall the mandate and dismiss the appeal for lack of jurisdiction. The motion is based on the Florida Supreme Court’s recent decisions in State v. C.C., 476 So. 2d 144 (Fla.1985), and State v. G.P., 476 So. 2d 1272 (Fla.1985), which hold that the right of appeal given in section 39.14, Florida Statutes (1981), does not extend to the state and, further, that the state may not utilize certiorari as an alternate avenue for appellate review. Thus, counsel asserts that we lacked jurisdiction to entertain the state’s appeal and that the appropriate remedy is to recall the mandate and dismiss the appeal. We are constrained to agree.
An appellate court has the power to recall its mandate so long as the recall occurs during the term in which the mandate was issued. See State Farm Mutual Automobile Insurance Co. v. Judges of the District Court of Appeal, Fifth District, 405 So. 2d 980 (Fla.1981); Chapman v. St. Stephens Protestant Episcopal Church, 105 Fla. 683, 138 So. 630 (1932); Owens v. State, 444 So. 2d 951 (Fla.2d DCA 1984), approved, 475 So. 2d 1238 (Fla.1985); United Faculty of Florida v. Board of Regents, 423 So. 2d 429 (Fla.1st DCA 1982).
Section 35.10, Florida Statutes (1983), specifies that “[t]he district court of appeal shall hold two regular terms each year ... commencing respectively on the second Tuesday in January and July.” Inasmuch as the opinion and mandate in this case were both issued in the July 1985 term and since the motion to recall the mandate was filed during the same term, we have the power to recall the mandate. Lack of jurisdiction to entertain the state’s appeal in the first instance more than justifies the exercise of our discretionary power to recall the mandate. Thus, we recall the mandate and withdraw our opinion of August 21, 1985. Furthermore, in conformance with: State v. C.C., supra, and State v. G.P., supra, we grant the appellee/juvenile’s motion to dismiss the appeal.
GLICKSTEIN, HURLEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
M.F. v. State, 583 So. 2d 1383 (Fla. 1991)…on after the statutory period elapses to correct its error in naming the “wrong victim” of a burglary.7 District courts reached conclusions contrary to these cases in State v. D.I., 474 So. 2d 408 (Fla. 4th DCA), opinion withdrawn on other grounds, 477 So. 2d 71 (Fla. 4th DCA 1985), and L.G.R. v. State, 485 So. 2d 13 (Fla. 3d DCA 1986). In D.I., the state’s timely-filed initial petition alleged that D.I. committed a petit theft from a Winn Dixie store, but the state amended the petition after the filing per…
-
Pinecrest Lakes, Inc. v. Shidel, 802 So. 2d 486 (Fla. 4th DCA 2001)…of great importance. Pinecrest cites State Farm, Mutual Automobile Insurance Co. v. Judges of District Court of Appeal, Fifth District, 405 So. 2d 980 (Fla.1981), Maffea v. Moe, 483 So. 2d 829 (Fla. 4th DCA 1986), and State v. In Interest of D.I., 477 So. 2d 71 (Fla. 4th DCA 1985). These three cases recognize that appellate courts have the discretion to recall a mandate, limited to the term during which the mandate was issued. State Farm, 405 So. 2d at 982-83; Maffea, 483 So. 2d at 831; Interest of D.I., 4…
Authorities Cited
- State v. C.C., 476 So. 2d 144 (Fla. 1985)
- Chapman v. St. Stephens Protestant Episcopal, 105 Fla. 683 (Fla. 1931)
- State Farm Mut. Auto. Ins. Co. v. Judges OF the Dist. Court OF Appeal, 405 So. 2d 980 (Fla. 1981)
- State v. G.P., 476 So. 2d 1272 (Fla. 1985)
- United Faculty OF Florida v. Bd. of Regents, 423 So. 2d 429 (Fla. 1st DCA 1982)
- Owens v. State, 475 So. 2d 1238 (Fla. 1985)
- State v. In the Interest of D.I., 474 So. 2d 408 (Fla. 4th DCA 1985)
- Owens v. State, 444 So. 2d 951 (Fla. 2d DCA 1984)