BEATRICE LAMANEDA
v.
STATE OF FLORIDA
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The Florida Supreme Court affirmed a conviction for manslaughter after the appellant failed to file a brief. The court reviewed the record and found sufficient evidence to support the conviction, despite the procedural default.
Yes, the evidence was amply sufficient to sustain the verdict and judgment of conviction for manslaughter.
“Therefore, the appeal is either subject to dismissal under the rule, or the record maybe considered by the Court and a judgment entered as it appears justice demands.”
Explains the court's options when no brief is filed.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of manslaughter under an information charging murder in the second degree. The transcript of the record was filed, but no …
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In this case transcript of the record was filed on June 26; 1943. No briefs have been filed. Therefore, the appeal is *836either subject to dismissal under the rule, or the record maybe considered by the Court and a judgment entered as it appears justice demands.
Grounds of appeal were filed and, while they are Nine (9) in number, they present only a challenge to the sufficiency of the evidence to sustain a conviction of the crime of manslaughter had under an information charging murder in the second degree.
Although we might under the rule properly enter an order dismissing the appeal, we have pursued the course of examining the record and reaching a conclusion on the merits.
We find the evidence amply sufficient to sustain the verdict and the judgment. Perusal of the record discloses no reversible error. Therefore, the judgment is affirmed.
So ordered.
Affirmed.
TERRELL, CHAPMAN and ADAMS, JJ., concur.
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Parada Holding Co. v. Asher Sulkin, 126 So. 2d 601 (Fla. 3d DCA 1961)…le his brief on time. Baker-Lewis Const. Co. v. Midyette, 105 Fla. 502, 141 So. 534. Also, where the appeal is from a criminal conviction, the Florida Supreme Court has searched the record after appellant failed to submit a brief. Lamaneda v. State, 153 Fla. 835, 16 So. 2d 56. Likewise, an appellate court will decline to dismiss the appeal and allow the late filing of an appellant’s brief when good cause is shown for the delay. See Martin v. Martin, Fla.App.1960, 118 So. 2d 649. In the instant case we have…