STATE OF FLORIDA, DEPARTMENT OF REVENUE, PETITIONER,
v.
PETER E. SWINSCOE AND CHLOE M. SWINSCOE, HIS WIFE, RESPONDENTS

Fla. | 1976-09-23
No. 48298
OVERTON, C. J., and ROBERTS, ENGLAND and SUNDBERG, JJ., concur.
337 So. 2d 976 Florida Supreme Court (1976) Caution
Cited by 18 cases

Opinion of the Court
BOYD, Justice.

BOYD, Justice.

The Petition for Writ of Certiorari reflected probable jurisdiction in this Court. We issued the Writ. Upon further consideration of the matter, we have determined that the Court is without jurisdiction. Therefore, the Writ must be and is hereby discharged and the Petition for Writ of Certiorari is dismissed.

It is so ordered.

OVERTON, C. J., and ROBERTS, ENGLAND and SUNDBERG, JJ., concur.


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  • Melvee Tucker v. State, 459 So. 2d 306 (Fla. 1984)
    …limitations not only creates a right of the accused to be prosecuted within a time certain after the commission of the alleged crime, it also expresses a substantive policy of the state against the bringing of stale prosecutions. See Lane v. State, 337 So. 2d 976 (Fla.1976); State ex rel. Manucy v. Wadsworth, 293 So. 2d 345 (Fla.1974). Normally an accused is not placed in the position of having the choice of whether to waive the statute, because the statute simply provides that prosecutions after the expirat…
  • State v. Falls Chase Special Taxing Dist., 424 So. 2d 787 (Fla. 1st DCA 1982)
    …. E.g., Graham v. Vann, 394 So. 2d 178 (Fla. 1st DCA 1981); Dept. of Revenue v. Arvida Corp., 315 So. 2d 235 (Fla. 2d DCA 1975), cert. dism., 336 So. 2d 1181 (Fla.1976); Swinscoe v. Dept. of Revenue, 320 So. 2d 11 (Fla. 4th DCA 1975), cert. dism., 337 So. 2d 976 (Fla.1976). . W.D. Snodgrass, “Tact and the Poet’s Force,” in In Radical Pursuit, Critical Essays and Lectures 7 (1977).…
  • Murray Rubin v. State, 390 So. 2d 322 (Fla. 1980)
    …ALDERMAN, Justice. We have for review the decision of the District Court of Appeal, Third District, in [*323] Rubin v. State, 368 So. 2d 69 (Fla. 3rd DCA 1979), which conflicts with Lane v. State, 337 So. 2d 976 (Fla.1976), and State ex rel. Manucy v. Wadsworth, 293 So. 2d 345 (Fla.1974). The two issues to be decided are: (1) Does the two-year statute of limitations in effect at the time of the crime apply,1 or does the subsequently enacted three-year stat…

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