GEORGE CARROLL, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court addressed a procedural issue where the appellant filed a single notice of appeal for two separate post-conviction relief orders. The court held that separate notices of appeal are required for separate judgments and ordered the appellant to amend his notice of appeal to address only one judgment within thirty days, or both appeals would be dismissed.
No, a single notice of appeal is insufficient to review two separate final orders denying post-conviction relief. Separate notices of appeal are required for separate judgments.
“Separate notices of appeal are necessary to review separate judgments.”
This quote establishes the core legal principle the court relied upon.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought review of two final orders denying separate petitions for post-conviction relief. He filed a single notice of appeal that attempt…
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By one notice of appeal, appellant seeks review of two final orders denying two separate petitions for post conviction relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The notice of appeal, concerns criminal case No. 43396 heard before Judge M. W. Overstreet and criminal case No. 45183 heard before Judge Frank Smith. Judge Parker Lee McDonald separately denied the post conviction motions in both cases.
Separate notices of appeal are necessary to review separate judgments. See Simring v. State, Fla.1955, 77 So.2d 833; Rocklin v. State, Fla.1952, 61 So.2d 484. It is therefore the order of this court, sua sponte, that the appellant shall have thirty days to amend his notice of appeal by expunging and eliminating one of the file numbers so that the notice of appeal is addressed only to one of the judgments. Failure to do so will result in both purported appeals being dismissed.
It is so ordered.
ALLEN, Acting C. J., and WHITE and ANDREWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Isiah Wilcox and Frank Hanks v. State, 171 So. 2d 425 (Fla. 3d DCA 1965)…sentences entered in said causes by the trial court, it is apparent that the notice of appeal is deficient and cannot bring on for review both judgments and sentences. See: Rocklin v. State, Fla.1952, 61 So. 2d 484; Carroll v. State, Fla.App. 1964, 171 So. 2d 196 (opinion filed December 2, 1964). It is therefore the order of this court that the appellants, within thirty (30) days, amend the appeal notice by expunging one or the other of the file numbers referred to therein which will, in effect, leave one a…
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Lowe v. State, 184 So. 2d 164 (Fla. 1966)…tences entered in said causes by the trial court, it is apparent that the notice of appeal is deficient and cannot bring on for review several judgments and sentences. See: Rocklin v. State, Fla. 1952, 61 So. 2d 484; Carroll v. State, Fla.App. 1964, 171 So. 2d 196; Wilcox v. State, Fla.App.1965, 171 So. 2d 425.” [*166] In its certification the District Court stated that its decision “ ‘ * * * passes upon a question of great public interest’, because it determines the validity, of one notice of appeal attempt…
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Woolley v. State, 193 So. 2d 706 (Fla. 2d DCA 1966)…aw in Florida that separate notices of appeal are necessary to review separate judgments. Simring v. State, 77 So. 2d 833 (Fla.1955); Rocklin v. State, 61 So. 2d 484 (Fla.1952); Wilcox v. State, 171 So. 2d 425 (D.C.A.Fla.1965); and Carroll v. State, 171 So. 2d 196 (D.C.A.Fla.1964). Defendant’s notice of appeal filed in case number 7038 attempts to appeal all five judgments in a single notice and is therefore defective. Apparently realizing his mistake in case number 7038, defendant then prepared separate not…1 / 2
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Crawford v. McGraw, 61 So.2d 484 (Fla. 1952)
- Simring v. State, 77 So. 2d 833 (Fla. 1955)