STATE OF FLORIDA, APPELLANT,
v.
MIRIAM MASCHEK, APPELLEE
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The State of Florida appealed a lower court decision, but failed to properly serve the notice of appeal on the appellee. The appellate court dismissed the appeal due to this procedural defect.
Yes, the failure to serve the notice of appeal on the appellee, as mandated by the rules, is grounds for dismissal.
“The appellee has filed a motion to dismiss this appeal upon the ground that the State failed to serve a copy of the notice of appeal on her, in accordance with the mandatory provisions of F.A.R. 6.6(a), 31 F.S. A.”
This quote establishes the basis for the appellee's motion to dismiss the appeal.
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Join FLexlaw to unlock all legal intelligenceThe State of Florida filed a notice of appeal. However, it failed to serve a copy of this notice on the appellee, Miriam Maschek, as required by Flori…
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The appellee has filed a motion to dismiss this appeal upon the ground that the State failed to serve a copy of the notice of appeal on her, in accordance with the mandatory provisions of F.A.R. 6.6(a), 31 F.S. A. The State also did not avail itself of the provision excusing service because of the address of the appellee being unknown, which procedure is provided for in § 924.13, Fla.Stat, F.S.A.1 In fact, as was candidly admitted during oral argument, the whereabouts of the appellee were known at the time the original notice of appeal was filed.
No service being had upon the ap-pellee of the notice of appeal within the time prescribed by the rule, the motion to dismiss is hereby granted and this appeal is dismissed.
Dismissed.
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Eli S. Jenkins v. Hon. Woody A. Lyles, 223 So. 2d 740 (Fla. 1969)…it deems proper. When the order for publication is complied with the appeal becomes perfected, and the clerk of the court shall immediately send a certified copy thereof to the supreme court and to the attorney general.” . Compare State v. Maschek, 147 So. 2d 574 (3d Dist.Ct.App.Fla.1962). . Decision on the merits of that appeal is reported in State of Florida v. White, 194 So. 2d 601 (Fla.1967). . Rule 1.030(a), Fla.R.Crim.P., 33 F.S.A. see Maryland, D. & V. Ry. Co. v. Johnson, 129 Md. 412, 99 A. 600 (191…
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State v. Fuller, 792 So. 2d 496 (Fla. 4th DCA 2001)…t case the failure to serve was apparently inadvertent, not for the reason that the defendant could not be located, and the supreme court denied dismissal because there had been no prejudice. In a footnote the court stated “Compare State v. Maschek, 147 So. 2d 574 (Fla. 3d DCA 1962),” in which the appeal was dismissed in a short opinion showing that the state had not served a copy of the notice of appeal on the defendant whose whereabouts were known when the notice of appeal was filed. We are unable to deter…