DIVISION OF BOND FINANCE OF THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF FLORIDA, AN AGENCY AND PUBLIC BODY CORPORATE OF THE STATE OF FLORIDA, AND THE DIVISION OF BUILDING CONSTRUCTION AND MAINTENANCE OF THE DEPARTMENT OF GENERAL SERVICES, AN AGENCY OF THE STATE OF FLORIDA, APPELLANTS,

v.

R. BARTOW RAINEY ET AL., APPELLEES

Citator

Cited By (16 total)

• Alphonso Stuart v. State, 360 So. 2d 406 (Fla. 1978)
  …c or presumed from the circumstances, State v. Cannon, 332 So. 2d 127 (Fla.4th DCA 1976); Mullin v. State, 307 So. 2d 829 (Fla.3d DCA 1974), cert. denied 317 So. 2d 761 (Fla.1975); Pouncy v. State, 296 So. 2d 625 (Fla.3d DCA 1974); Esperti v. State, 276 So. 2d 58 (Fla.2d DCA), cert. denied 285 So. 2d 614 (Fla.1973), the question of whether the circumstances were such as would justify an extension of the rule time period is a moot point. As there was no order of the court, there cannot have been an extension…
• State v. Jenkins, 389 So. 2d 971 (Fla. 1980)
  …and without any judicial determination that the appeal was not frivolous or had not been taken simply for the purpose of securing such a delay. 332 So. 2d at 127. The Mullin court agreed with the Second District Court of Appeal in Esperti v. State, 276 So. 2d 58 (Fla. 2nd DCA 1973), and held that extensions are to be granted, not presumed, and that the court order, not the circumstances, tolls the speedy trial rule. On the other hand, both the Second District Court of Appeal in State v. Smail and the First…
• Mullin v. State, 307 So. 2d 829 (Fla. 3d DCA 1974)
  …d under those circumstances set out in the rule. “ . the extensions are to be actually granted or denied by the court and should not be presumed. It is the order and not the circumstances which should toll the rule.” Esperti v. State, Fla.App. 1973, 276 So. 2d 58, 64. [*830] The state having failed to request an order of extension pending the outcome of the interlocutory appeal, as specifically provided in .Rule 3.191(d) (2) (iv), CrPR, the speedy trial period elapsed, and the convictions and sentences are h…