CHARLES LOWE, ALICE JOHNSON, WILLIE DAVIS, MARY JANE WELLS, AND FANNIE MAE MACK, 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 multiple judgments and sentences under 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 is insufficient to review multiple, separate judgments and sentences. The notice of appeal was deficient.
“it is apparent that the notice of appeal is deficient and cannot bring on for review several judgments and sentences.”
Establishes the primary reason for the court's decision regarding the inadequacy of the notice of appeal.
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Join FLexlaw to unlock all legal intelligenceAppellants Charles Lowe, Alice Johnson, Willie Davis, Mary Jane Wells, and Fannie Mae Mack were charged by separate informations and received separate…
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It appearing to the court that the appellants in the above numbered cause, Charles Lowe, Alice Johnson, Willie Davis, Mary Jane Wells, and Fannie Mae Mack, were charged by separate informations in the Criminal Court of Record in and for Monroe County, Florida, under Clerk’s File Numbers 168, 169, 170, 171 and 172; 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 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.
*384It is therefore the order of this court that the appellants, within ten (10) days, amend the notice of appeal by expunging all but one of the file numbers referred to therein which will, in effect, leave one appeal pending. Upon failure to do so all proceedings commenced by the notice of appeal lodged in this court on December 29,1964 will be dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Crawford v. McGraw, 61 So.2d 484 (Fla. 1952)
- Isiah Wilcox and Frank Hanks v. State, 171 So. 2d 425 (Fla. 3d DCA 1965)
- Vance A. Gordon v. Walker, 171 So. 2d 196 (Fla. 1st DCA 1965)
- Carroll v. State, 171 So. 2d 196 (Fla. 2d DCA 1964)