FERDINAND ACKERMANN, APPELLANT,
v.
MONIKA MARKMANN, APPELLEE

Fla. 1st DCA | 2007-04-04
No. 1D06-6215
BARFIELD, WOLF, and VAN NORTWICK, JJ., concur.
957 So. 2d 17 Florida District Court of Appeal, First District (2007) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of December 5, 2006, the Court has determined that the notice of appeal failed to timely invoke the Court’s appellate jurisdiction. Fla. R.App. P. 9.110(b); Fla. R. Jud. Admin. 2.525. Accordingly, the appeal is hereby dismissed as untimely.

BARFIELD, WOLF, and VAN NORTWICK, JJ., concur.

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  • Burnie Reed v. State, 287 So. 3d 606 (Fla. 4th DCA 2019)
    …uglas v. State, 652 So. 2d 887, 891 (Fla. 4th DCA 1995) (“the marital squabbles which occurred on the day of the killing in the present case do not constitute the reasonable provocation required for the crime of passion defense”); Daley v. State, 957 So. 2d 17, 18 (Fla. 4th DCA 2007) (testimony from eyewitness that she heard some arguing and then heard and saw shots being fired, without more, did not support a jury instruction on heat of passion). A killing in the ‘heat of passion’ occurs when the s…
  • Augustin v. State, 244 So. 3d 336 (Fla. 4th DCA 2018)
    …passion instruction where there was no evidence to support it. See, e.g., Douglas v. State, 652 So. 2d 887 (Fla. 4th DCA 1995) (marital squabbles do not constitute reasonable provocation required for the heat of passion defense); Daley v. State, 957 So. 2d 17, 18 (Fla. 4th DCA 2007) (an argument alone will not support the heat of passion defense). We find the error to be harmless. The defendant was convicted of the lesser included offense of second degree murder, so we are hard-pressed to see - 3…
  • Burnie Reed v. State (Fla. 4th DCA 2019)
    …Douglas v. State, 652 So. 2d 887, 891 (Fla. 4th DCA 1995) (“the marital squabbles which occurred on the day of the killing in the present case do not constitute the reasonable provocation required for the crime of passion defense”); Daley v. State, 957 So. 2d 17, 18 (Fla. 4th DCA 2007) (testimony from eyewitness that she heard some arguing and then heard and saw shots being fired, without more, did not support a jury instruction on heat of passion). A killing in the ‘heat of passion’ occurs when the state…

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