BRUCE E. PAYTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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HARDING, C.J.
We have for review the decision in Payton v. State, 23 Fla. L. Weekly D1817, 732 So. 2d 1086 (Fla. 2d DCA 1998), which the district court certified to be in conflict with the opinions in Waite v. City of Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996), and Schultz v. State, 700 So. 2d 56 (Fla. 4th DCA 1997), approved, 720 So. 2d 247 (Fla. 1998). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
The district court below held that an order withholding adjudication without imposing probation is not an appealable order. In State v. Schultz, 720 So. 2d 247 (Fla.1998), this Court held that an order withholding adjudication of guilt without placing the defendant on probation is appealable under Florida Rule of Appellate Procedure 9.140(b)(1)(C). Accordingly, we quash the decision of the district court below and remand this case for proceedings consistent with our opinion in Schultz.
It is so ordered.
SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
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Citator
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Puryear v. State, 810 So. 2d 901 (Fla. 2002)…a.1995) (Harding, J., dissenting)). Our adherence to stare decisis, however, is not unwavering. The doctrine of stare decisis bends where there has been a significant change in circumstances since the adoption of the legal rule, see Weiand v. State, 732 So. 2d 1044, 1055 n. 12 (Fla.1999), or where there has been an error in legal analysis. See Gray, 654 So. 2d at 554 (Fla.1995); see also Brown v. State, 719 So. 2d 882, 890 (Fla.1998) (Wells, J., dissenting) (“[I]ntel-lectual honesty continues to demand that pr…
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Gloriann Wilson v. Eva J. Salamon, M.D., 923 So. 2d 363 (Fla. 2005)…les of stare decisis where there has been a clear showing, as we believe there has been here, that our original purpose and policy have been undermined, only serves to undermine the integrity and credibility of our court system. See Weiand v. State, 732 So. 2d 1044, 1055 n. 12 (Fla.1999) (“Although stare decisis is fundamentally important in our system of justice, it is not ‘an ironclad and unwavering rule’ so that we must bend to the Voice of the past, however outmoded or meaningless that voice may have becom…
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Smiley v. State, 966 So. 2d 330 (Fla. 2007)…e constitutional in nature; and (3) represent a development of fundamental significance. New v. State, 807 So. 2d 52, 53 (Fla.2001) (citing Witt, 387 So. 2d at 931). Contrary to the argument of Smiley, the decision of this Court in Weiand v. State, 732 So. 2d 1044 (Fla.1999), is not applicable to. resolve, the current question of whether section 776.013 should apply to pending cases, because Weiand determined the retroactivity of a change in the decisional law. See id. at 1058 (holding that the rule establish…1 / 2
Previewing 3 of 47 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Waite v. City OF Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996)
- State v. Schultz, 720 So. 2d 247 (Fla. 1998)
- Schultz v. State, 700 So. 2d 56 (Fla. 4th DCA 1997)
- Payton v. State, 732 So. 2d 1086 (Fla. 2d DCA 1998)
- Banco Lavra, S.A. v. Cargil Int'l, 732 So. 2d 1086 (Fla. 3d DCA 1998)