JAMES EPPS, PETITIONER,
v.
GREAT SOUTHERN TRUCK COMPANY, JAMES TESTER, AND A. M. NEWMAN, RESPONDENTS
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The appellate court granted respondents' motion to quash the petition for certiorari and denied petitioner's motion for an extension of time to file the record, as petitioner had already received two extensions and ample opportunity to file.
No, the petitioner should not be granted a further extension of time to file the record on appeal.
“The record now before this court in this case discloses that the petitioner has already been granted two extensions of time within which to file the record-on-appeal, one by the trial court and one by this court, and indicates that the petitioner has had ample opportunity to so file.”
This quote establishes the factual basis for denying the extension, highlighting the petitioner's prior opportunities and delays.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought an extension of time to file the record on appeal after a hearing on respondents' motion for summary judgment. The petitioner ha…
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This cause came on to be heard upon the respondents’ motion to quash the petition for certiorari and upon the petitioner’s motion for an extension of “time for petitioner to file the testimony of record herein and/or the transcribed notes of the official court reporter allegedly taken” at a hearing before the trial court on the respondents’ motion for a summary judgment. The record now before this court in this case discloses that the petitioner has already been granted two extensions of time within which to file the record-on-appeal, one by the trial court and one by this court, and indicates that the petitioner has had ample opportunity to so file. The motion for further extension of time is denied. The respondents’ motion to quash the petition for certiorari is granted.
STURGIS, C. J., and CARROLL, DONALD, and WIGGINTON, JJ., concur.
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Jackman v. State, 140 So. 2d 627 (Fla. 3d DCA 1962)…ts of state witnesses taken by the prosecution in the course of preparation for trial unless they were taken before a magistrate or are used by the prosecution at the trial. Bedami v. State, Fla.App.1959, 112 So. 2d 284; Urga v. State, Fla.App.1958, 104 So. 2d 43; Raulerson v. State, Fla.1958, 102 So. 2d 281; McAden v. State, 155 Fla. 523, 21 So. 2d 33. But see Smith v. State, Fla.1957, 95 So. 2d 525. The rule governing production of testimony given before a grand jury has already been discussed with regard…
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Gibbs v. State, 193 So. 2d 460 (Fla. 2d DCA 1967)…not admissible in evidence. 6 F.L.P. Criminal Law, § 458; Myers v. State, 43 Fla. 500, 31 So. 275. Such testimony should be stricken by the court of its own motion. Blackwell v. State, 76 Fla. 124, 79 So. 731, 1 A.L.R. 502. See also, Urga v. State, 104 So. 2d 43 (Fla.App.2d Dist.1958). Walker testified that after the shooting he ran to his automobile and the defendant picked up an axe and threw it at him. When Wells was called as a witness for the state, he testified on direct examination that he had not s…
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