ISIAH WILCOX AND FRANK HANKS, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court found the appellants' notice of appeal deficient because it attempted to appeal two separate judgments and sentences with a single notice. The court ordered the appellants to amend the notice to appeal only one judgment or face dismissal.
No, a single notice of appeal cannot bring up for review two separate judgments and sentences from distinct causes. The notice of appeal was deficient.
“it appearing to the court that the appellants in the above numbered cause were charged by separate informations in the Criminal Court of Record in and for Dade County, Florida, under Clerk's File Numbers 64-4189 and 64 — 4122, and that they have instituted proceedings in this court by the filing of one notice of appeal directed to judgments and 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.”
This quote explains the factual basis for the court's finding that the notice of appeal was deficient.
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Join FLexlaw to unlock all legal intelligenceAppellants Isiah Wilcox and Frank Hanks were charged by separate informations in the Criminal Court of Record for Dade County, Florida. They filed a s…
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It appearing to the court that the appellants in the above numbered cause were charged by separate informations in the Criminal Court of Record in and for Dade County, Florida, under Clerk’s File Numbers 64-4189 and 64 — 4122, and that they have instituted proceedings in this court by the filing of one notice of appeal directed to judgments and 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 appeal pending. Upon failure so to do all proceedings commenced by the notice of appeal lodged in this court on January 16, 1965 will be dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Isiah Wilcox and Frank Hanks v. State, 183 So. 2d 555 (Fla. 3d DCA 1966)
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Obbie Lee Hollimon and Cleveland Williams v. State, 232 So. 2d 394 (Fla. 1970)…27, 45 So. 809. The Stewart case stands for the proposition that the filing of a single notice of appeal from two separate judgments is not jurisdictional but is an irregularity that can be waived. But in Wilcox and Hanks v. State, Fla.App.3d 1965, 171 So. 2d 425; Woolley v. State, Fla.App.2d 1966, 193 So. 2d 706, and Bass v. State, Fla.App.1st 1968, 215 So. 2d 628, the rule of the Rocklin case rather than that of the Lowe case was followed, even though it appears that the separate charges against the one de…
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Lowe v. State, 184 So. 2d 164 (Fla. 1966)…t, 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 attempting to review judgments of conviction in five (…
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)
- Vance A. Gordon v. Walker, 171 So. 2d 196 (Fla. 1st DCA 1965)
- Carroll v. State, 171 So. 2d 196 (Fla. 2d DCA 1964)