STATE OF FLORIDA, APPELLANT,
v.
WILLIAM C. BREWINGTON, APPELLEE
STATE OF FLORIDA, APPELLANT,
WILLIAM C. BREWINGTON, APPELLEE
320 So. 2d 17
Florida District Court of Appeal, Second District (1975)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
The state appeals an order by the trial court suppressing a confession made by the defendant while in custody of the police. The record on appeal amply supports the findings of the trial judge that violations of RCrP 3.111 and 3.130 resulted in substantial prejudice to the rights of-the defendant; hence, the order of the trial court is affirmed.
HOBSON, Acting C. J., and GRIMES and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Konover Realty Assocs., Ltd. v. Mladen, 511 So. 2d 705 (Fla. 3d DCA 1987)…dicial authority for an order requiring the deposit of the amount in controversy into the registry of the court, Ramos, 494 So. 2d at 298; Law v. NCNB National Bank of Florida, 452 So. 2d 1119 (Fla. 4th DCA 1984); Wincast Associates, Inc. v. Hickey, 320 So. 2d 17 (Fla. 4th DCA 1975), or indeed for any restraint upon the use of a defendant’s unrestricted assets3 prior to the entry of judgment. Stewart v. Manget, 132 Fla. 498, 181 So. 370 (1938); Leight v. Berkman, 483 So. 2d 476 (Fla. 3d DCA 1986); Stading v.…
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Morroni v. Fisher, 647 So. 2d 127 (Fla. 2d DCA 1994)…tion asserted against the Morronis are ejectment, possession and trespass. A trial court has no authority to order a deposit of money in the registry of the court if the money is not the subject of the litigation. Wincast Associates, Inc. v. Hickey, 320 So. 2d 17 (Fla. 4th DCA 1975); Fla.R.Civ.P. 1.600. While the appellees are not seeking to foreclose a mortgage, the relief sought in their motion to deposit funds is analogous to the relief a mortgagee might seek. The ap-pellees’ motion recited the expenses…
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First States Invs. 3300, LLC v. Pheil, 52 So. 3d 845 (Fla. 2d DCA 2011)…0 n. 39; Morroni v. Fisher, 647 So. 2d 127, 129 (Fla. 2d DCA 1994), but the rule is inapplicable where the money in question is not the subject of the litigation, see Morroni, 647 So. 2d at 129 (citing rule 1.600 and Wincast Assocs., Inc. v. Hickey, 320 So. 2d 17 (Fla. 4th DCA 1975)); Geany v. Packers of Indian River, Inc., 660 So. 2d 1144, 1145 (Fla. 4th DCA 1995) (citing Wincast Assocs., Inc.). The first problem in this case is that only parts of the monies deposited into the court registry were the subje…
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