PAUL FINE AND VITA FINE, APPELLANTS,

v.

REMAX ADVANTAGE PLUS, APPELLEE

Citator

Cited By

• Carbajal v. State, 75 So. 3d 258 (Fla. 2011)
  …re all the elements of the crime in question are proved at trial.” State v. Gray, 435 So. 2d 816, 818 (Fla.1983). In other words, while an information or indictment is “an essential requisite of jurisdiction which cannot be waived,” Sadler v. State, 949 So. 2d 303, 305 (Fla. 5th DCA 2007) (quoting Caves v. State, 303 So. 2d 658, 659 (Fla. 2d DCA 1974)), defects in the charging instrument do not necessarily render void a conviction based on the defective information. These principles are [*263] codified in Flo…
• Lyndal Kenneth Wilkins v. State, 90 So. 3d 305 (Fla. 1st DCA 2012)
  …l court. Id. Consequently, “a ‘nolle prosequi effectively ends the proceeding, and any action taken subsequent to the filing of the nolle prosequi is a nullity.’ ” State v. Aguilar, 987 So. 2d 1233, 1235 (Fla. 5th DCA 2008) (quoting Sadler v. State, 949 So. 2d 303, 305 (Fla. 5th DCA 2007)). Here, it is apparent from the record on appeal that error was unintended because the trial court acknowledged that the State nolle prossed count II. However, it is undisputed that the trial court improperly adjudicated Ap…
• State v. Aguilar, 987 So. 2d 1233 (Fla. 5th DCA 2008)
  …and the speedy trial rule. State v. Stell, 407 So. 2d 642, 648 (Fla. 4th DCA 1981). Nevertheless, a “nolle prosequi effectively ends the proceeding, and any action taken subsequent to the filing of the nolle prosequi is a nullity.” Sadler v. State, 949 So. 2d 303, 305 (Fla. 5th DCA 2007). See also State v. Braden, 375 So. 2d 49, 50 (Fla. 2d DCA 1979). Moreover, it is self-executing upon its announcement, and immediately terminates the proceeding. State v. Spence, 658 So. 2d 660, 661 (Fla. 3d DCA 1995). No ap…

Authorities Cited

• Pitcher v. Schneider (Fla. 5th DCA 2018)
• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)