WAYNE COLLIE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1972-05-02
No. 72-125
Before BARKDULL, C. J., and PEARSON and HENDRY, JJ.
261 So. 2d 540 Florida District Court of Appeal, Third District (1972) Caution
Cited by 20 cases
Topics
Anders V. California Procedure

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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 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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (20 total)

  • Garcia Ins. Agency, Inc. v. Diaz, 351 So. 2d 1137 (Fla. 2d DCA 1977)
    …us transgression of equally important principles, i.e. those that free our system of justice from technicality and from results that do not comport with justice and common sense. As stated in Imperial Industries, Inc. v. Moore Pipe & Sprinkler Co., 261 So. 2d 540, 542 (Fla. 3d DCA 1972), “[t]he discretion of a trial judge is ... a heavy factor . but as always judicial discretion must rest upon facts ascertainable from the record.” Reversed and Remanded. BOARDMAN, C. J., and SCHEB, J., concur.…
  • McALICE v. Kirsch, 368 So. 2d 401 (Fla. 3d DCA 1979)
    …rt’s discretion should be liberally exercised and all reasonable doubt resolved in favor of granting applications for relief so as to permit a determination of the controversy upon the merits. Imperial Industries, Inc. v. Moore Pipe & Sprinkler Co., 261 So. 2d 540 (Fla. 3d DCA 1972). The purpose of a judgment by default is to speed the cause and prevent the defendant from impeding the plaintiff in the prosecution of his claim; defaults are not intended to furnish advantage to the plaintiff so that defense may…
  • Carter v. Whitman, 516 So. 2d 83 (Fla. 3d DCA 1987)
    …eratori, 338 So. 2d 74 (Fla. 3d DCA 1976); Plotkin v. Deatrick Leasing Co., 267 So. 2d 368 (Fla. 3d DCA 1972); Renuart-Bailey-Cheely Lumber & Supply Co. v. Hall, 264 So. 2d 84 (Fla. 3d DCA 1972); Imperial Indust., Inc. v. Moore Pipe & Sprinkler Co., 261 So. 2d 540 (Fla. 3d DCA 1972); see also Credit Gen. Ins. Co. v. Thomas, 515 So. 2d 336 (Fla. 3d DCA 1987), and we do so again. Since it is conceded that the defendant presented a meritorious defense and that it acted with due diligence after discovering the de…

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