CIRO BEDAMI, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The filing of a petition for certiorari within fifteen days of a rehearing disposition acts as a stay of further proceedings in the lower courts.
Appellant filed a petition for certiorari within fifteen days of the district court's denial of a rehearing. The district court mandate had issued and…
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A petition for certiorari has been filed in this Court by the appellant in the district court, within fifteen days from the date of the disposition of the petition for re-hearing. In the meantime, the mandate of the district court has issued and the petitioner in these proceedings has been taken in custody by the Sheriff of Hillsborough County pursuant thereto.
We are of the view that under the provisions of Florida Appellate Rule 4.5, subd. c(6), 31 F.S.A., the filing of the petition for certiorari here within said fifteen day period acts as a stay of further proceedings in the district court and the trial court until we have disposed of the same. Thereupon,
It Is Ordered that further proceedings in the district court and the trial court be and they are hereby stayed until the disposition of this petition for certiorari and that petitioner be released by the Sheriff of Hillsborough County, Florida either upon the bond heretofore posted in said cause or a new bond with adequate sureties in a like sum and with like conditions, and to abide the further orders of this Court.
TERRELL, Acting C. J., and HOBSON, DREW, THORNAL and O’CONNELL, JJ., and SMITH, Circuit Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Renbur Drugs, Inc. v. Fla. Bd. OF Pharmacy, 251 So. 2d 294 (Fla. 3d DCA 1971)…ted by the automatic stay and the party acting under such circumstances should be required to return the proceedings to the status quo pending review by the Supreme Court of Florida of the petition for cer-tiorari. Compare Badami v. State, Fla.1959, 115 So. 2d 412. Otherwise, in many instances, relief which might be accorded by the Supreme Court would become moot. Therefore, I would entertain the motion for constitutional stay and enter an order returning these parties to the status quo that they occupied du…
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Casseus v. State, 509 So. 2d 965 (Fla. 3d DCA 1987)…he state had appealed the decision of this court reported as Casseus v. State, 508 So. 2d 1251 (Fla. 3d DCA 1987), to the supreme court, the trial court was without jurisdiction to enter a second order denying the relief sought. See Bedami v. State, 115 So. 2d 412 (Fla.1959); Lee v. State, 392 So. 2d 913 (Fla. 1st DCA 1980); Wells v. State, 362 So. 2d 441 (Fla. 4th DCA 1978); Gobie v. State, 188 So. 2d 34 (Fla. 3d DCA), appeal dismissed, 192 So. 2d 485 (Fla.1966). Second, this court had granted the state’s mo…
Authorities Cited
- Ciro Bedami v. State, 114 So. 2d 709 (Fla. 2d DCA 1959)