RENE WERTHEIMER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-04-17
No. 72-1415
Before CHARLES CARROLL and HENDRY, JJ., and JOHNSON, DEWEY M., Associate Judge. , .
276 So. 2d 67 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

On appeal from an adjudication of delinquency for disorderly conduct [Fla.Stat., § 877.03, F.S.A.], we have carefully considered the record, briefs and arguments of counsel and are of the belief that there does not appear of record competent substantial evidence to support the finding of the trial judge. Accordingly, we reverse the order adjudicating appellant a delin quent.

Reversed.


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Cited By

  • State v. Saunders, 339 So. 2d 641 (Fla. 1976)
    …cert. den. app. dam., 421 U.S. 924, 95 S.Ct. 1650, 44 L.Ed.2d 83 (1975). In line with In re Fuller, supra, other courts rejected expansive interpretations of Section 877.03. M. E. M. v. State, 277 So. 2d 566 (Fla. 3d DCA 1973); Wertheimer v. State, 276 So. 2d 67 (Fla. 3d DCA 1973); State v. Blocker, 39 Fla.Supp. 136 (Dade Cty. 1973) (statute does not forbid newspaper reporter’s seeking interview). The District Court of Appeal, Fourth District, reversed a conviction under Section 877.03, in a case in which t…
  • Miles v. Brand, 41 Fla. Supp. 99 (Palm Beach Cty. Cir. Ct. 1974)
    …and have moved for summary judgment. Counsel for defendants contend that the filing of the complaint, without service of process within a reasonable time, does not toll the running of the statute and he cites Pitts v. City of Miami, (3rd DCA, 1973) 276 So. 2d 67, a per curiam affirmance, and Williams v. Covell, (1st DCA, 1972) 236 So. 2d 447. Williams v. Covell involved a complaint filed within the statutory period, but not served until several years after the filing of the complaint. Defendant there, like…
  • Pitts v. City OF Miami, 279 So. 2d 311 (Fla. 1973)
    …Certiorari denied. 276 So. 2d 67. ERVIN, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.…

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