SANDRA LUESTER WADE, APPELLANT,
v.
CITY OF COCOA, APPELLEE
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The court held that it lacked jurisdiction to hear the appeal from the Municipal Court conviction.
The case came before the court on a notice of appeal from a judgment of conviction entered by the Municipal Court of the City of Cocoa. The appeal was…
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The case comes to us on a notice of appeal to review a judgment of conviction entered by the Municipal Court of the City of Cocoa. It is currently pending on a motion to dismiss the appeal for failure to comply with Rule 6.7(a) and Rule 6.13, Florida Appellate Rules, 31 F.S.A.
We have sua sponte examined the record to ascertain whether jurisdiction to consider the appeal is vested in this court. Under authority of Dresner et al. v. City *482of Tallahassee, Fla.1961, 134 So.2d 228, we have concluded that this Court is without jurisdiction to consider the matter.
It is therefore ordered that within five days from the filing of this opinion, all papers, records, briefs and other documents, including the notice of appeal, be and the same are hereby transferred to the Circuit Court, Ninth Judicial Circuit in and for Brevard County, Florida, for appropriate disposition.
Our opinion is not to be construed as passing upon the merits of the cause or upon the pending motion to dismiss for the alleged violation of the rules..
It is so ordered.
TERRELL, Acting C. J., and THOMAS, TI-IORNAL, O’CONNELL and HOBSON (Ret.), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jaramillo v. City OF Homestead, 322 So. 2d 496 (Fla. 1975)…ilarly, Section 924.41, Florida Statutes, vests jurisdiction in the circuit courts to hear appeals from criminal judgments of municipal courts. Thus, the circuit court is the proper forum in which this issue should be decided. Wade v. City of Cocoa, 145 So. 2d 481 (Fla.1962); Dresner v. City of Tallahassee, 134 So. 2d 228 (Fla.1961); Brown v. City of Jacksonville, 236 So. 2d 1141 (Fla.App. 1st 1970), rev’d on other grounds, 405 U.S. 156, 92 S.Ct. 839, 31 L.Ed.2d 110 (1972). See Radford v. Town of Palm Beach S…
Authorities Cited
- Dresner v. City OF Tallahassee, 134 So. 2d 228 (Fla. 1961)