STATE OF FLORIDA, PETITIONER,
v.
CHRISTOPHER BRYANT MOSLEY, RESPONDENT

Fla. | 2004-05-27
No. SC03-179
ANSTEAD, C.J., and PARIENTE, QUINCE, CANTERO, and BELL, JJ„ concur. WELLS and LEWIS, JJ., dissent.
900 So. 2d 491 Florida Supreme Court (2004) Negative Treatment
Cited by 43 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We originally accepted jurisdiction to review Mosley v. State, 842 So. 2d 855 (Fla. 1st DCA 2002), pursuant to article V, section 3(b)(4), Florida Constitution. Upon further consideration, we have now determined that we should exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is hereby dismissed.

It is so ordered.

ANSTEAD, C.J., and PARIENTE, QUINCE, CANTERO, and BELL, JJ„ concur. WELLS and LEWIS, JJ., dissent.


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  • Marbel Mendoza v. State, 87 So. 3d 644 (Fla. 2011)
    …notice of appeal filed on May 26, 1994, three months after Mendoza’s conviction). Under the circumstances, Mendoza has not demonstrated that Lazaro could have been compelled to testify on Mendoza’s behalf at the time of trial. See Metellus v. State, 900 So. 2d 491, 494 (Fla.2005) (“[C]ompeting versions of ‘the truth’ amount to a substantial noncompliance with the terms of [a codefendant’s] plea agreement and the trial court did not place [the codefendant] in double jeopardy when it resentenced him.”). Mendoza…
  • Hernandez v. Kissimmee Police Dep't, 901 So. 2d 420 (Fla. 5th DCA 2005)
    …erty could waive the 45-day statutory requirement, despite the owner’s claim that the time limit was jurisdictional). Two other recent cases have addressed the issue of whether similar statutory time limits are jurisdictional. In Metellus v. State, 900 So. 2d 491 (Fla.2005), the supreme court held that the time limit set forth in Florida Rule of Criminal Procedure 3.170(a)(2)(A) allowing the State to move to vacate a plea within 60 days of a defendant’s breach of a plea agreement is not jurisdictional. The s…
  • Citizens Prop. Ins. Corp. v. Scylla Props., 946 So. 2d 1179 (Fla. 1st DCA 2006)
    …e Second District’s decision, on grounds that the district court lacked jurisdiction to make the decision which the petitioner sought review of in the supreme court. Parties cannot confer jurisdiction on a court by agreement. See Metellus v. State, 900 So. 2d 491, 495 (Fla.2005) (“A jurisdictional rule cannot be altered by the court or by agreement of the parties.”); Cunningham v. Standard Guar. Ins. Co., 630 So. 2d 179, 181 (Fla.1994) (“We acknowledge that the parties cannot stipulate to jurisdiction over t…

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