CARLTON LEE FIELDS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed a conviction after the public defender moved to withdraw, finding the appeal to be frivolous because the appellant failed to respond to an opportunity to raise points in support of his appeal. This case follows the procedure outlined in Anders v. California for handling indigent appeals where counsel believes the appeal lacks merit.
Yes, the appeal is frivolous, and the public defender's motion to withdraw is granted, affirming the order or judgment appealed.
“This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493, having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having -furnished appellant with copy of the public defender's memorandum brief, and having allowed the appellant a reasonable specified time within which to raise any points that he chose in support of his appeal, and the appellant having failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous.”
Describes the procedural steps taken by the court to ensure the appellant's rights were protected before affirming the appeal as frivolous.
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Join FLexlaw to unlock all legal intelligenceThe public defender, appointed to represent an indigent appellant, filed a motion to withdraw, asserting the appeal was frivolous. The court provided …
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This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493, having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having -furnished appellant with copy of the public defender’s memorandum brief, and having allowed the appellant a reasonable specified time within which to raise any points that he chose in support of his appeal, and the appellant having failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.
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Sena v. State Farm Mut. Auto. Ins. Co., 305 So. 2d 243 (Fla. 3d DCA 1974)…Insurance Company v. Bowen, Fla.App.1965, 178 So. 2d 751; American Fidelity Fire Insurance Company v. Richardson, Fla.App.1966, 189 So. 2d 486. [*244] The appellants rely on the case of Kaplan v. Phoenix of Hartford Insurance Company, Fla.App.1968, 215 So. 2d 893, to urge the proposition that summary final judgment should not be entered where it is shown that the settlement agreement has not prejudiced the insurer. However, there being no indication in the record that the issue of prejudice was brought befor…
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Gen. Accident Ins. Co. of Am. v. Taplis, 493 So. 2d 32 (Fla. 5th DCA 1986)…. 2d 127 (Fla. 5th DCA 1983), [*33] review denied, 451 So. 2d 848 (Fla.1984); Tucker v. Seward, 400 So. 2d 505 (Fla. 5th DCA 1981); Southeastern Fidelity Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981); Kaplan v. Phoenix of Hartford Ins. Co., 215 So. 2d 893 (Fla. 3d DCA 1968), cert. denied, 220 So. 2d 365 (Fla.1969); McInnis v. State Farm Mutual Automobile Ins. Co., 208 So. 2d 481 (Fla. 4th DCA 1968); Bass v. Aetna Casualty & Surety Co., 199 So. 2d 790 (Fla. 4th DCA 1967) cert. dismissed 206 So. 2d 211…
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Se. Fid. Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981)…to any otherwise-existing ability of Southeastern to recover. Bass v. Aetna Casualty & Surety Co. of Hartford, Conn., 199 So. 2d 790, 793 (Fla. 4th DCA 1967), cert. disch., 206 So. 2d 212 (Fla.1968); see also, Kaplan v. Phoenix of Hartford Ins. Co., 215 So. 2d 893 (Fla. 3d DCA 1968), cert. denied, 220 So. 2d 365 (Fla.1969). Based on the twenty year viability of a Florida judgment3 and the remote possibility that any debtor may eventually secure some funds with which to pay at least a part of it, the appellant…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)