THE STATE OF FLORIDA, APPELLANT,
v.
ROBERT CLEVELAND MALONE, APPELLEE
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The Florida Third District Court of Appeal dismissed the state's appeal from an oral order quashing a criminal information. The court found that appeals from oral orders are not permissible and reiterated its prior holding that such appeals should be dismissed.
No, an appeal cannot be taken from an oral order, even if it has been docketed in the clerk's minute book.
“The attempted appeal from an oral order in this cause be and the same is hereby dismissed, sua sponte, under the authority of State v. Shedaker, supra.”
This quote establishes the court's decision and the basis for dismissal.
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Join FLexlaw to unlock all legal intelligenceThe State of Florida attempted to appeal an oral order from the Criminal Court of Record of Dade County that quashed a criminal information based on f…
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The court, having examined the record and briefs in this cause, finds that the state is attempting to appeal from an oral order of a judge of the Criminal Court of Record of Dade County, Florida, which has been docketed in the Minute Book of the Clerk of the Criminal Court of Record in and for Dade County, Book 268, Page 427. The attempted appeal is from an oral order which quashed the criminal information in the cause on the grounds of former jeopardy. The State is apparently attempting to appeal under the authority of Gossett v. State, Fla.App.1966, 188 So.2d 836, an opinion of the Second District Court of Appeal.
This court expressly declined to follow the holdings in Gossett, supra, in the case of State v. Shedaker, Fla.App.1966, 190 So.2d 429.
The attempted appeal from an oral order in this cause be and the same is hereby dismissed, sua sponte, under the authority of State v. Shedaker, supra.
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Citator
Cited By
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State v. Malone, 227 So. 2d 896 (Fla. 3d DCA 1969)…recludes review of the order in the instant action, is without merit. The dismissal of the earlier appeal was on the ground that there was no jurisdiction in this court. State v. Shedaker, Fla.App.1966, 190 So. 2d 429; State v. Malone, Fla.App.1968, 215 So. 2d 892; Jenkins v. Lyles, Fla.1969, 223 So. 2d 740. The effect of this ruling was to leave the matter still pending in the trial court until such time as a formal written order was duty entered. Therefore, for the reasons above stated, the order here unde…
Authorities Cited
- Gossett v. State, 188 So. 2d 836 (Fla. 2d DCA 1966)
- State v. Shedaker, 190 So. 2d 429 (Fla. 3d DCA 1966)