STATE OF FLORIDA
v.
A. M. C.
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The State appeals an order granting A.M.C.'s motion to dismiss a delinquency petition. The court affirms the dismissal order and addresses its jurisdiction to hear the appeal, holding that orders granting motions to dismiss in juvenile delinquency cases are appealable by the State despite being nonfinal in civil contexts.
The court has jurisdiction under section 985.534(1)(b)1, Florida Statutes, and Florida Rule of Appellate Procedure 9.145(c)(1)(A) to review an order granting a motion to dismiss in a delinquency case. Although such orders are nonfinal and nonappealable in civil cases, criminal and juvenile delinquency cases are treated differently, and sister courts have found similar orders appealable.
[1] An order granting a motion to dismiss a petition for delinquency is appealable by the State.
[2] Orders granting a motion to dismiss, as opposed to orders that dismiss a petition, are appealable in delinquency proceedings.
Previewing 2 of 3 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“Both permit the State to appeal an order dismissing a petition for delinquency. See § 985.534(1)(b)1; Fla. R. App. P. 9.145(c)(1)(A). But the order on review did not dismiss the State's petition; it simply granted A.M.C.'s motion to dismiss. In the civil context, such an order is nonfinal and nonappealable.”
Establishes the distinction between civil and criminal/delinquency contexts regarding appealability of orders granting motions to dismiss.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA.M.C. filed a motion to dismiss a delinquency petition filed against him. The lower court granted A.M.C.'s motion to dismiss. The State appealed this…
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LABRIT, Judge. The State appeals an order that granted A.M.C.'s motion to dismiss a delinquency petition against him. We affirm the order without comment but write to address our jurisdiction, which we must assess in every case. See Polk County v. Sofka, 702 So. 2d 1243, 1245 (Fla. 1997); Philip J. Padovano, Florida Appellate Practice, § 1.5 (2018 ed.). This appeal is before us pursuant to section 985.534(1)(b)1, Florida Statutes (2023), and Florida Rule of Appellate Procedure 9.145(c)(1)(A).
Both permit the State to appeal an order dismissing a petition for delinquency. See § 985.534(1)(b)1; Fla. R. App. P. 9.145(c)(1)(A). But the order on review did not dismiss the State's petition; it simply granted A.M.C.'s motion to dismiss. In the civil context, such an order is nonfinal and nonappealable. See Hayward & Assocs., Inc. v. Hoffman, 793 So. 2d 89, 91 (Fla. 2d DCA 2001). In criminal cases, however, other districts have found similar orders appealable. See State v. Den Besten, 374 So. 3d 874, 876 (Fla. 6th DCA 2023); State v. Jiborn, 135 So. 3d 364, 365 n.2 (Fla. 5th DCA 2014); State v. Feagle, 604 So. 2d 824, 825 (Fla. 1st DCA 1991); State v. Nessim, 587 So. 2d 1343, 1344 (Fla. 4th DCA 1991) (en banc); see also State v. Diamond, 188 So. 2d 788, 789 (Fla. 1966) (holding that an order granting a motion to quash an information, but not actually quashing it, is appealable).
We agree with the reasoning of our sister courts and conclude that we have jurisdiction under section 985.543(1)(b)1 and rule 9.145(c)(1)(A) to review the order granting A.M.C.'s motion to dismiss.
Affirmed. KHOUZAM and LUCAS, JJ., Concur. Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Polk Cnty. v. Sofka, 702 So. 2d 1243 (Fla. 1997)
- Hayward & Assocs., Inc. v. M. Dexter Hoffman, Noel K. Evans, & Evans & Donica, P.A., 793 So. 2d 89 (Fla. 2d DCA 2001)
- Cleveland Hollingshead v. Louie L. Wainwright, 188 So. 2d 788 (Fla. 1966)
- State v. Feagle, 604 So. 2d 824 (Fla. 1st DCA 1991)
- State v. Nessim, 587 So. 2d 1343 (Fla. 4th DCA 1991)
- State v. A. M. C. (Fla. 2d DCA 2024)