JOHN T. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
John T. Williams appeals his judgment and sentence from the Circuit Court for Bay County. After the filing of the initial brief in this cause, counsel for appellant advised this court of the death of Mr. Williams and provided a copy of the death certificate. Counsel suggests that the proper disposition of the appeal is its abatement. See McCall v. State, 605 So. 2d 602 (Fla. 1st DCA 1992); Williams v. State, 602 So. 2d 676 (Fla. 1st DCA 1992); Parker v. State, 530 So. 2d 1084 (Fla. 3d DCA 1988); Cruz v. State, 137 So. 2d 254 (Fla. 2d DCA 1962); Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960); cf. United States v. Romano, 755 F. 2d 1401 (11th Cir. 1985); United States v. Pauline, 625 F. 2d 684 (5th Cir.1980). We agree and order that this prosecution be permanently abated ab initio in the trial and appellate courts.
Appellee’s motion to dismiss the appeal is denied.
ZEHMER, C.J., and KAHN and VAN NORTWICK, 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)…See Thomas v. State, 635 So. 2d 1009 (Fla. 1st DCA 1994). Counsel for each respondent filed a motion for abatement ab initio in the First District. The court granted the motions in both cases in light of its previous decisions in Williams v. State, 648 So. 2d 313 (Fla. 1st DCA 1995), and Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960).1 The court, however, certified the question presented here based on our order in Rodriguez v. State, 645 So. 2d 454 (Fla.1994). Clements, 652 So. 2d at 1295; Thomas, 654 S…
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Clements v. State, 652 So. 2d 1294 (Fla. 1st DCA 1995)…filed January 30, 1995. On February 10, 1995, before expiration of the time for filing a motion for rehearing, counsel for appellant filed a motion for abatement of this appeal ab initio on the ground that appellant had died. See, Williams v. State, 648 So. 2d 313 (Fla. 1st DCA 1995); Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960). A subsequently filed death certificate indicates that appellant was found dead on February 1,1995. In response, the state acknowledges the line of cases from this court entitl…
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Thomas v. State, 654 So. 2d 635 (Fla. 1st DCA 1995)…a result of appellant’s death during pendency of this appeal, appellant’s counsel filed a motion to abate this appeal ab initio. We grant the motion and abate ab initio this appeal and the underlying prosecution against appellant. Williams v. State, 648 So. 2d 313 (Fla. 1st DCA 1995); Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960). However, as in the recent case of Clements v. State, 652 So. 2d 1294 (Fla. 1st DCA 1995), we grant the state’s motion to certify the question presented here to the Florida Sup…
Authorities Cited
- United States v. Pauline, 625 F.2d 684 (5th Cir. 1980)
- Lelia Padgett Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960)
- United States v. Romano, 755 F.2d 1401 (11th Cir. 1985)
- Parker v. State, 530 So. 2d 1084 (Fla. 3d DCA 1988)
- Cruz v. State, 137 So. 2d 254 (Fla. 2d DCA 1962)
- Williams v. State, 602 So. 2d 676 (Fla. 1st DCA 1992)
- Wallace v. State, 605 So. 2d 602 (Fla. 1st DCA 1992)