SCHOOL BOARD OF MIAMI-DADE COUNTY
v.
CITY OF MIAMI BEACH

Fla. 3d DCA | 2019-05-15
No. 19-0598
Chagares, Restrepo, Roth
273 So. 3d 1125 Florida District Court of Appeal, Third District (2019) Positive Treatment

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Holding

The court lacks jurisdiction to hear this case.


Headnotes

[1] The statutory abandonment defense is only available in conjunction with the general attempts provision of Florida Statutes Section 777.04(1).

[2] The offense of uttering a forged instrument is fully proven by proof of an attempt to utter, and thus there is no separate crime of attempting to utter a forged instrumen…

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Facts & Procedural History

School Board of Miami-Dade County brought an action against City of Miami Beach.…

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Opinion of the Court

PER CURIAM.

The motion to dismiss for lack of jurisdiction is granted. See Dep’t of Children & Families v. Feliciano, 259 So. 3d 957, 958 (Fla. 3d DCA 2018), pet.

pending, SC18-2146 (Fla. Dec. 27, 2018); Miami-Dade Cnty. v. Pozos, 242 So. 3d 1152 (Fla. 3d DCA 2017), reh’g denied, 242 So. 3d 540 (Fla. 3d DCA 2018) (Rothenberg, C.J., dissenting), pet. pending, SC18-1118 (Fla. July 6, 2018). But see, Fla. Highway Patrol v. Jackson, 238 So. 3d 430, 431 (Fla. 1st DCA 2018), pet.

pending, SC18-468 (Fla. Mar. 23, 2018).

Dismissed.


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