DAVE STARR, AS SHERIFF OF ORANGE COUNTY, FLORIDA, APPELLANT,
v.
MATTHEW SMITH, APPELLEE
DAVE STARR, AS SHERIFF OF ORANGE COUNTY, FLORIDA, APPELLANT,
MATTHEW SMITH, APPELLEE
77 So. 2d 834
Florida Supreme Court (1955)
Caution
Cited by 16 cases
Opinion of the Court
PER CURIAM.
It appearing that the appellee was not actually in custody at the time the writ of habeas corpus was awarded, and that the appellee was discharged the day the writ issued and one week before the sheriffs return was filed, the order of discharge is reversed with directions to quash the writ. Sullivan v. State ex rel. McCrory, Fla., 49 So. 2d 794.
Reversed.
MATHEWS, C. J., and TERRELL, THOMAS and HOBSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Renard v. Dade Cnty., 261 So. 2d 832 (Fla. 1972)…s of a petitioner as a ‘party aggrieved’ to bring certiorari to review the determination of a board of appeals or adjustment. The difference, if any, relates only to the forum and form of the remedy." (Emphasis supplied.) . City of Miami v. Hollis, 77 So. 2d 834 (Fla.1959) ; City of Jacksonville v. Imler, 235 So. 2d 526 (Fla.App.1st 1970). . See e. g., Rhodes v. City of Homestead, 248 So. 2d 674 (Fla.App.3rd 1971) ; Knowles v. Town of Kenneth City, 247 So. 2d 748 (Fla.App.2d 1971).…
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Savage v. State, 156 So. 2d 566 (Fla. 1st DCA 1963)…ed, the order appealed is affirmed. CARROLL, DONALD K., Acting C. J., and RAWLS, J., concur. . Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799. . Sedell v. Sedell, (Fla.App.1958) 100 So. 2d 639; City of Miami v. Hollis, (Fla.1955) 77 So. 2d 834 . Berkman et al. v. Miami National Bank, et al., (Fla.App.1962) 143 So. 2d 535. . Siesta Properties, Inc. v. Hart, (Fla.App.1960) 122 So. 2d 218, 219, 224. . Escarra v. Winn Dixie Stores, Inc., (Fla.1961) 131 So. 2d 483.…
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Hernandez v. State (Fla. 3d DCA 2024)
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- Sullivan v. State Ex Rel. McCrory, 49 So. 2d 794 (Fla. 1951)