IN RE FLORIDA APPELLATE RULES

Fla. | 1959-05-13
TERRELL, C. J., and THOMAS, HOB-SON, ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.
112 So. 2d 380 Florida Supreme Court (1959) Caution
Cited by 143 cases

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Synopsis

The Florida Supreme Court amended Rule 2.1a(4)(i) of the Florida Appellate Rules to clarify provisions regarding the substitution of judges in juvenile courts. The amendment ensures that existing statutes authorizing the substitution of county and circuit judges for juvenile court judges remain unaffected.


Holding

Yes, the rule should be amended to explicitly state that it does not affect statutory provisions for substituting county and circuit judges in juvenile court matters.


Key Quotes

“Nothing herein contained shall be deemed to affect any provision of the statutes in this state in effect on July 1, 1957 which in event of disqualification, absence, sickness or disability of the judge of a separate juvenile court or a county judge who is also judge of the juvenile court in his county, authorize the substitution of county judges and circuit judges for judges of separate juvenile courts, and the substitution of circuit judges for county judges in those counties where there is no separate juvenile court and the county judge is the juvenile court judge.”

This quote is the text of the amendment itself, clarifying that existing statutes regarding judicial substitution in juvenile courts are preserved.

Facts & Procedural History

The case involves a proposed amendment to Rule 2.1a(4)(i) of the Florida Appellate Rules. The court considered the existing statutory provisions conce…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Rule 2.1a(4) (i), Florida Appellate Rules, effective July 1, 1958, 31 F.S.A., is amended by adding thereto the following:

“Nothing herein contained shall be deemed to affect any provision of the statutes in this state in effect on July 1, 1957 which in event of disqualification, absence, sickness or disability of the judge of a separate juvenile court or a county judge who is also judge of the juvenile court in his county, authorize the substitution of county judges and circuit judges for judges of separate juvenile courts, and the substitution of circuit judges for county judges in those counties where there is no separate juvenile court and the county judge is the juvenile court judge.”

This rule shall be effective as of July 9, 1958.

TERRELL, C. J., and THOMAS, HOB-SON, ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (72 total)

  • Ike Brown v. State, 124 So. 2d 481 (Fla. 1960)
    …instruction to the effect that the jury could bring in a verdict of murder in the third degree. The matter was never raised in the trial court until the trial judge himself on a motion for new trial concluded that this Court in Pait v. State, Fla., 112 So. 2d 380, had in effect decided that the failure to instruct on all degrees of homicide in a first degree murder case constitutes a fundamental error which requires a new trial regardless of request by the accused. From the ruling granting the new trial the…
    1 / 3
  • Brooks v. State, 762 So. 2d 879 (Fla. 2000)
    …cutor “undermine the jury’s discretion in determining the proper punishment by implying he, or another authority, has already made the careful decision required.” Appellant’s Initial Brief at 70. As support, Brooks primarily relies on Pait v. State, 112 So. 2d 380 (Fla.1959). In Pait, a death penalty case, the prosecutor stated during closing argument: Before each murder trial that is prosecuted in this circuit, where I’m the State Attorney, a conference is held between me and my assistants to determine whe…
  • Palmes v. State, 397 So. 2d 648 (Fla. 1981)
    …, 32 So. 836 (1902). This long standing decisional rule has also been enacted as a statute. § 924.-33, Fla.Stat. (1977). Although, in a capital case, this Court will carefully scrutinize any error before determining it to be harmless, Pait v. State, 112 So. 2d 380 (Fla.1959), it will not presume that there was prejudice. Salvatore v. State, 366 So. 2d 745 (Fla.1978), cert. denied, 444 U.S. 885, 100 S.Ct. 177, 62 L.Ed.2d 115 (1975). In determining whether an erroneous ruling below caused harm to the substanti…

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