TOMMY COLEMAN LOGAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal affirmed a lower court's judgment after the public defender moved to withdraw as counsel for the indigent appellant. The court followed the Anders v. California procedure, allowing the appellant time to respond to the withdrawal motion, which he failed to do, leading the court to deem the appeal frivolous.
Yes, the appeal is frivolous. The court granted the public defender's motion to withdraw and affirmed 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 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 failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous.”
This quote outlines the procedural steps taken by the court and the appellant's failure to respond, leading to the conclusion that the appeal is frivolous.
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Join FLexlaw to unlock all legal intelligenceThe public defender moved to withdraw as counsel for the indigent defendant-appellant, arguing the appeal was frivolous. The court followed the proced…
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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 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 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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Trafalgar Developers, Ltd. v. Morley, 305 So. 2d 274 (Fla. 3d DCA 1974)…ff reasonable notice thereof and a right to show cause why further relief should not be granted. See Garden Suburbs Golf & Country Club v. Pruitt, 156 Fla. 825, 24 So. 2d 898 (1946); Koscot Interplanetary, Inc. v. State ex rel. Conner, Fla.App.1970, 230 So. 2d 24. Thus, we conclude that the circuit judge complied with this court’s mandate and at the same time carried out the intent and spirit of the declaratory judgment statute. Accordingly, the order herein appealed Affirmed, hereby is affirmed.…
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Conley v. Morley Realty Corp., 575 So. 2d 253 (Fla. 3d DCA 1991)…e court erred. The Florida Declaratory Judgments Act, chapter 86, Florida Statutes (1989), is a remedial statute that is to be broadly construed. See May v. Holley, 59 So. 2d 636, 639 (Fla.1952); Koscot Interplanetary, Inc. v. State ex rel. Conner, 230 So. 2d 24, 25 (Fla. 4th DCA 1970). The statute affords circuit courts “jurisdiction to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed_” § 86.011, Fla.Stat. (1989). The statute further provid…
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Hill v. Palm Beach Polo, Inc., 805 So. 2d 1014 (Fla. 4th DCA 2001)…further relief may be granted upon reasonable notice to an adverse party, whose rights have been adjudicated by the declaratory judgment to show cause why further relief should not be granted. See Koscot Interplanetary, Inc. v. State ex rel. Conner, 230 So. 2d 24 (Fla. 4th DCA 1970)(deciding that where a decree has become the source of definite rights, relief may be granted upon those rights upon proper notice to the adversary). Relief is not limited to declaratory relief but also includes all relief necessa…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)