SHIRLEY ANN SCHREIBER, APPELLANT,
v.
JOHN RICHARD SCHREIBER, APPELLEE
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This case involves an appeal that was previously dismissed but has now been reinstated following a Supreme Court order. The appellate court is vacating its prior dismissal and allowing the appeal to proceed on its merits.
Yes, the appellate court's prior order of dismissal is vacated and set aside, and the appeal is reinstated to proceed to final determination on the merits.
“Whereas, the judgment of this court was entered on March 27, 1968 (208 So. 2d 681) dismissing the above styled cause; and Whereas, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed December 17, 1968 (217 So. 2d 301) and mandate dated January 6, 1969, now lodged in this court, quashed this court's order of dismissal and remanded the cause for further proceedings;”
Establishes the procedural history and the Supreme Court's intervention.
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Join FLexlaw to unlock all legal intelligenceThe appellate court had previously dismissed the appeal. The Supreme Court reviewed this dismissal by certiorari and quashed the dismissal order, rema…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on March 27, 1968 (208 So.2d 681) dismissing the above styled cause; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed December 17, 1968 (217 So.2d 301) and mandate dated January 6, 1969, now lodged in this court, quashed this court’s order of dismissal and remanded the cause for further proceedings;
Now, therefore, It is Ordered that the final order of dismissal of this court filed in this cause on March 27, 1968, which was certified to the trial court on April 10, 1968, including the court’s ruling on appellant’s motion for attorney fees is vacated and set aside and this appeal is reinstated and shall proceed to final determination on the merits.
Appellee’s brief shall be filed within 20 days from this date and the original record on appeal from the trial court shall be transmitted to this court within 40 days from this date. Oral argument will be set by a subsequent notice.
All costs allowed shall be taxed in the trial court upon final determination of the cause (Rule 3.16(b) Florida Appellate Rules, 32 F.S.A.).
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Fraser v. State, 602 So. 2d 1299 (Fla. 1992)…and probation is permissible). Consequently, cases finding that probation or parole should not be credited toward jail sentences are inapplicable to the question presented. See, e.g., Pennington v. State, 398 So. 2d 815 (Fla.1981); Simmons v. State, 217 So. 2d 343 (Fla. 2d DCA 1969), overruled on other grounds by Brumit v. Wainwright, 290 So. 2d 39 (Fla.1973). In this case, Fraser was successfully completing a sentence of community control when he was informed that, through no fault of his own, the sentence…
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Brumit v. Louie L. Wainwright, 290 So. 2d 39 (Fla. 1973)…a right to serve his sentence at one stretch, not in bits and pieces.2 We recognize that our courts have previously approved of parole revocations effective upon the expiration of sentence for an unrelated offense in such cases as Simmons v. State, 217 So. 2d 343 (Fla. App.2d 1969); Duchein v. Cochran, 127 So. 2d 97 (Fla.1961), and Johnson v. State, 185 So. 2d 466 (Fla.1966). We have reconsidered the rule of those cases in light of our decisions in Law and Adams, and we today overrule those cases to the exte…
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Schreiber v. Schreiber, 217 So. 2d 301 (Fla. 1968)
- Fair v. Schleman, 208 So. 2d 681 (Fla. 2d DCA 1968)
- Schreiber v. Schreiber, 208 So. 2d 681 (Fla. 3d DCA 1968)