ROBERT CARSTENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT CARSTENS, APPELLANT,
STATE OF FLORIDA, APPELLEE
638 So. 2d 630
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant having died while his appeal was pending, we hereby permanently abate the prosecution of his case ab initio in the trial and appellate courts. McCall v. State, 605 So. 2d 602 (Fla. 1st DCA 1992).
GUNTHER, FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Clements, 668 So. 2d 980 (Fla. 1996)…so ordered. GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and ANSTEAD, JJ., concur. . Other district courts have also found that abatement ab initio is proper where a defendant dies pending resolution of his or her appeal. See Carstens v. State, 638 So. 2d 630 (Fla. 4th DCA 1994); Jackson v. State, 559 So. 2d 320 (Fla. 3d DCA 1990); Kearns v. State, 536 So. 2d 1187 (Fla. 5th DCA 1989); D.R. v. State, 541 So. 2d 1202 (Fla. 2d DCA 1988); Parker v. State, 530 So. 2d 1084 (Fla. 3d DCA 1988); Cruz v. State, 13…
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Powell v. State, 729 So. 2d 983 (Fla. 4th DCA 1999)…postconviction relief to appellant and we write only to explain that the last issue on appeal was not timely raised. Appellant was convicted in 1993, and appealed his conviction which was affirmed without opinion by this court. See Powell v. State, 638 So. 2d 630 (Fla. 4th DCA 1994). Thereafter, he filed a motion for post-conviction relief which the trial court summarily denied in 1995. This court found that the record attachments conclusively refuted all but one of the points, and we reversed for an evident…
Authorities Cited
- Wallace v. State, 605 So. 2d 602 (Fla. 1st DCA 1992)