WILLIE HARRIS, PETITIONER,
v.
STATE OF FLORIDA, DIVISION OF CORRECTIONS, LOUIS L. WAINWRIGHT, DIRECTOR, RESPONDENT
WILLIE HARRIS, PETITIONER,
STATE OF FLORIDA, DIVISION OF CORRECTIONS, LOUIS L. WAINWRIGHT, DIRECTOR, RESPONDENT
328 So. 2d 14
Florida Supreme Court (1976)
Caution
Cited by 3 cases
Opinion of the Court
In the name and by the authority of the State of Florida, to: Honorable Louie L. Wainwright, Director, Division of Corrections, State of Florida, Greetings:
Petition for Writ of Mandamus having been filed, Alternative Writ of Mandamus issued, and Return thereto having been filed.
It is ordered that the Division of Corrections recompute petitioner’s sentence in accordance with Brumit v. Wainwright, 290 So. 2d 39 (Fla.1973), and Benyard v. Wainwright, 322 So. 2d 473 (Fla.1975), and make known your full compliance with this writ on or before February 20, 1976.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Winn-Dixie Stores, Inc. v. Codomo, 372 So. 2d 952 (Fla. 3d DCA 1979)…rder denying the post-trial motions.1 The appellant contends that such an overly technical view of the circumstances and of this court’s jurisdiction is not warranted by the more liberal view taken by the Supreme Court of Florida in Altman v. State, 328 So. 2d 14 (Fla.1976); and Williams v, State, 324 So. 2d 74 (Fla.1975). It appears that the rule on timeliness of appeal that applies in criminal cases is no different from the rule that applies in civil cases.2 We, therefore, follow the reasoning of the Supre…1 / 2
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Lewis v. Purie Howanitz, 378 So. 2d 310 (Fla. 3d DCA 1979)…mal resolution on August 15, 1978. The law of Florida is clear, to the contrary of this contention, that a prematurely filed notice of appeal is effective to preserve the party’s rights to review of a subsequently entered order. See Altman v. State, 328 So. 2d 14 (Fla.1976); Williams v. State, 324 So. 2d 74 (Fla.1975); Winn-Dixie Stores, Inc. v. Codorno, 372 So. 2d 952 (Fla. 3d DCA 1979). We see no reason why this doctrine should not be applied to the directly analogous issue presented by the case at bar. (…
Authorities Cited
- Benyard v. Louie L. Wainwright, 322 So. 2d 473 (Fla. 1975)
- Brumit v. Louie L. Wainwright, 290 So. 2d 39 (Fla. 1973)