ARTHUR LOVETT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1969-06-24
No. 69-17
Before CHARLES CARROLL, C. J., and HENDRY and SWANN, JJ.
223 So. 2d 755 Florida District Court of Appeal, Third District (1969) Positive Treatment
Cited by 2 cases

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Synopsis

The court affirmed a lower court's order after determining that the defendant's appeal was wholly frivolous, following the procedure outlined in Anders v. California for appointed counsel seeking to withdraw from an appeal.


Holding

Yes, the appeal is wholly frivolous, the public defender's motion to withdraw is granted, and the order or judgment appealed is affirmed.


Key Quotes

“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 a 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 filed his response 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 evaluate the appeal and the public defender's motion to withdraw.

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Facts & Procedural History

The public defender moved to withdraw as counsel for the indigent defendant-appellant, asserting the appeal was frivolous. The court deferred ruling, …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

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 a 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 filed his response thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. Whereupon, the public defender’s motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.

Affirmed.


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Citator

Cited By

  • United States v. United Bonding Ins. Co., 422 F.2d 277 (5th Cir. 1970)
    …g to the injured party at the same time he becomes entitled to sue the insured, assuming, of course, due notice of the injured party’s claim has been given insurer and it has had opportunity to duly investigate the same.” See Kilcrease v. Kilcrease, 223 So. 2d 755 (Fla.App.1969). In the case at bar, the insurance contract specifically provided that a judgment creditor of the insured was entitled to recover under the policy. (Paragraph 5 of Policy). It is clear that the third-party beneficiary, United Bonding,…

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