RALPH CRUZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1996-02-21
No. 96-00390
SCHWARTZ, C.J., and NESBITT and LEVY, JJ., concur.
675 So. 2d 615 Florida District Court of Appeal, Third District (1996) Positive Treatment
Cited by 3 cases
Opinion of the Court

Following review of appellant’s expedited motion for appeal bond and/or motion to review denial of appeal bond and the response thereto, the order denying the appellant supersedeas is vacated and remanded to the trial court to admit the appellant to bail pending review in accordance with Younghans v. State, 90 So. 2d 308, 310 (Fla.1956) and make written findings in accordance with the criminal rule.

SCHWARTZ, C.J., and NESBITT and LEVY, JJ., concur.

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  • Polk Cnty. v. Sofka, 702 So. 2d 1243 (Fla. 1997)
    …PER CURIAM. This case is before us on a question certified by the district court as one of great public importance. Polk County v. Sofka, [*1244] 675 So. 2d 615 (Fla. 2d DCA 1996). However, because we conclude that the district court lacked jurisdiction to hear the appeal, we do not address the certified question. Instead, we quash the decision of the district court, and remand with directions that the dist…
  • Polk Cnty. v. Sofka, 730 So. 2d 389 (Fla. 2d DCA 1999)
    …ty’s right to appeal the issues of sovereign immunity and proximate causation. The County appealed, and this court issued a divided opinion in favor of Ms. Sofka, holding that the claim was not barred by sovereign immunity. See Polk County v. Sofka, 675 So. 2d 615 (Fla. 2d DCA 1996). Recognizing the difficulty of the sovereign immunity issue, we certified the question to the supreme court. The supreme court refused to answer the certified question and held that this court never had jurisdiction to review the…
  • Polk Cnty. v. Sofka, 803 So. 2d 751 (Fla. 2d DCA 2001)
    …s of sovereign immunity and proximate cause. This court affirmed the stipulated final judgment, determining that the County was not entitled to sovereign immunity and that Ms. Sofka sufficiently established proximate cause. See Polk County v. Sofka, 675 So. 2d 615 (Fla. 2d DCA 1996). The supreme court quashed this court’s decision, holding that, because the order granting new trial had not been vacated, this court lacked jurisdiction. See Polk County v. Sofka, 702 So. 2d 1243 (Fla.1997). On remand, this cour…
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