B. J. H., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1976-01-27
No. 75-1246
Before BARKDULL, C. J., and HAV-ERFIELD and NATHAN, JJ.
325 So. 2d 475 Florida District Court of Appeal, Third District (1976) Caution
Cited by 30 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks reversal of his adjudication of delinquency for violation of § 811.-16, Fla.Stat, F.S.A. [buying, receiving or aiding in the concealment of stolen property, to wit: a calculator].

The State having confessed error inasmuch as appellant was taken into custody in violation of the Fourteenth Amendment to the United States Constitution and the prosecution having failed in its burden to establish the voluntariness of appellant’s confession obtained after the illegal arrest, appellant’s adjudication of delinquency is reversed.

So ordered.


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  • …its resulting costs and delay. A motion for recusal is considered untimely when delayed until after the moving party has suffered an adverse ruling unless good cause for delay is shown. Data Lease Financial Corp. v. Blackhawk Heating & Plumbing Co., 325 So. 2d 475 (Fla. 4th DCA 1975). When a judge has heard the testimony and arguments and rendered an oral ruling in a proceeding, the judge retains the authority to perform the ministerial act of reducing that ruling to writing. Atrio; Schwartz; Coastal Petroleu…
  • In re Est. of Perry Carlton v. Rogers, 378 So. 2d 1212 (Fla. 1979)
    …such grounds of disqualification. Section 38.10 requires that the affidavit of disqualification be filed not less than ten days before the beginning of the term of court. In Data Lease Financial Corporation v. Blackhawk Heating & Pacific Co., Inc., 325 So. 2d 475 (Fla. 4th DCA 1975), the district court held under the authority of section 38.10 that a motion to disqualify was not timely filed where the plaintiff had waited until after an unfavorable ruling to request the trial judge’s recusal. Given the clea…
  • Michaud-Berger v. Honorable Daniel T.K. Hurley, 607 So. 2d 441 (Fla. 4th DCA 1992)
    …e court in Fischer stated: A motion for recusal is considered untimely when delayed until after the moving party has suffered an adverse ruling unless good cause for delay is shown. Data Lease Financial Corp. v. Black- hawk Heating & Plumbing Co., 325 So. 2d 475 (Fla. 4th DCA 1975). Id. at 243. Here, the events leading to petitioners’ motion for disqualification essentially occurred during a period of less than twenty-four hours. Although trial began on Monday, July 20, it proceeded without incident until…

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