CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, PETITIONER,
v.
COLLIE BROWN, RESPONDENT
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The Florida Supreme Court denied a petition for writ of certiorari, finding that the circuit court's order reversing a municipal court conviction was not a final determination of the cause and therefore not appealable via certiorari.
No, the circuit court's order reversing the conviction was not a final determination of the cause and therefore not appealable by writ of certiorari.
“That the Judgment and Sentence appealed from in this case are hereby reversed on the grounds that it appeared from the evidence and testimony that the Defendant was in possession of certain alleged carbon copies of bolita tickets and this Court feels that such carbon copies are not in themselves bolita tickets but are only evidence of a bookkeeping entry or receipt and therefore would not sustain a conviction of having been guilty of the charge of unlawful possession of lottery tickets.”
This quote details the circuit court's reasoning for reversing the municipal court conviction.
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Join FLexlaw to unlock all legal intelligenceCollie Brown was convicted in the Municipal Court of Miami for unlawful possession of lottery tickets. The circuit court reversed this conviction, hol…
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THORNAL, Justice.
By petition for writ of certiorari, City of Miami attempts to challenge an order of the Circuit Court of the Eleventh Judicial Circuit which reversed a judgment of conviction of Collie Brown entered by the Municipal Court of the City of Miami.
The order of the Circuit Judge provided:
“That the Judgment and Sentence appealed from in this case are hereby reversed on the grounds that it appeared from the evidence and testimony that the Defendant was in possession of certain alleged carbon copies of bolita tickets and this Court feels that such carbon copies are not in themselves bolita tickets but are only evidence of a bookkeeping entry or receipt and therefore would not sustain a conviction of having been guilty of the charge of unlawful possession of lottery tickets.”
This order did not finally determine the cause by “* * * giving such judgment or order as the trial court should have given” as required by F.S. § 932.52(13), F.S.A. Therefore the proceeding in the municipal court has not been finally concluded, and the order of reversal is not of such finality as to support the granting of a petition for writ of certiorari. See Robinson v. City of Miami, 138 Fla. 696, 190 So. 35.
Petition denied.
DREW, C. J., and THOMAS and HOB-SON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Greene v. City OF Gulfport, 103 So. 2d 115 (Fla. 1958)…r assault, that for which petitioner was charged, tried and convicted in the Municipal Court. In doing so, the Court followed the quoted statute and entered the judgment that should have been entered by the trial court. City of Miami v. Brown, Fla., 80 So. 2d 610. A plea of double jeopardy or a plea of autrefois acquit must be supported by two attempts to place one in jeopardy for the same offense. There is no such showing in this case, wherein petitioner invoked the jurisdiction of the Circuit Court and su…
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Cohen v. State, 99 So. 2d 563 (Fla. 1957)…udgment here reviewed is quashed, and the cause remanded to the Circuit Court with directions to reverse the Municipal Court judgment and enter a judgment finding Cohen not guilty of the charge made against him. See City of Miami v. Brown, Fla.1955, 80 So. 2d 610. It is so ordered. TERRELL, C. J., and THOMAS, HOB-SON and DREW, JJ., concur.…
Authorities Cited
- Robinson v. City of Miami, 138 Fla. 696 (Fla. 1939)