STATE OF FLORIDA, PETITIONER,
v.
EARNEST COLLINS, JR., RESPONDENT
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The court is relinquishing jurisdiction to the district court to issue a majority opinion explaining its reversal.
The district court reversed a lower court's judgment without a majority opinion. A petition for certiorari was filed alleging conflict with other case…
The full statement of facts, procedural history, and disposition for this case are member content.
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The judgment of the district court in this case (Fla.App., 197 So.2d 574) is one of reversal. There appears, however, to be no majority opinion.
Petition for certiorari has been filed here alleging conflict with Roberts v. State, Fla., 164 So.2d 817; Grant v. State, Fla., 171 So.2d 361 and Male v. State, Fla.App., 189 So.2d 521, all relating to the admissibility of a confession.
In view of the reversal by the district court without a majority opinion setting forth the reasons therefor, request is respectfully made to the District Court of Appeal, Second District, that it prepare and adopt a majority opinion setting forth the theory and reasoning upon which the judgment of reversal is based. Jurisdiction of the cause is relinquished to that court temporarily for that purpose. When this has been accomplished, the cause shall be returned to this Court which will then proceed to determine whether or not sufficient conflict exists to require a further review here. See Solomon v. Sanitarians’ Registration Board, Fla., 147 So.2d 132; Sanitarians’ Registration Board v. Solomon, Fla.App., 148 So.2d 744, and Solomon v. Sanitarians’ Registration Board, Fla., 155 So.2d 353.
It is so ordered.
O’CONNELL, C. J., and DREW, THORNAL, CALDWELL and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Earnest Collins, Jr. v. State, 203 So. 2d 28 (Fla. 2d DCA 1967)…dge Pierce writing an opinion of reversal, Judge Hobson concurring in the conclusion only, and Associate Judge Driver dissen;.i’-|n' with opinion. Thereafter, upon petition for cer-tiorari, the Supreme Court of Florida, on July 12, 1967, reported in 201 So. 2d 225, entered Order pointing out that the reversal by this Court was “without a majority opinion setting forth the reasons therefor”, and requesting this Court to “prepare and adopt a majority opinion setting forth the theory and reasoning upon which the…
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State v. Earnest Collins, Jr., 207 So. 2d 430 (Fla. 1968)…PER CURIAM. Upon consideration of the petition, briefs and oral argument in this cause we conclude that the writ of certiorari, Fla., 201 So. 2d 225, was improvidently issued and should be discharged. It is so ordered. CALDWELL, C. J., and THOMAS, ROBERTS, DREW and THORNAL, JJ., concur.…
Authorities Cited
- Grant v. State, 171 So. 2d 361 (Fla. 1965)
- Roberts v. State, 164 So. 2d 817 (Fla. 1964)
- Solomon v. Sanitarians' Registration Bd. of the State of Fla., 155 So. 2d 353 (Fla. 1963)
- Earnest Collins, Jr. v. State, 197 So. 2d 574 (Fla. 2d DCA 1967)
- Sanitarians' Registration Bd. of the State of Fla. v. Solomon, 148 So. 2d 744 (Fla. 1st DCA 1963)
- Solomon v. Sanitarians' Registration Bd., 147 So. 2d 132 (Fla. 1962)
- Male v. State, 189 So. 2d 521 (Fla. 3d DCA 1966)