GREGORY ALAN BENZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1977-06-10
No. CC-253
BOYER, C. J., MILLS & ERVIN, JJ., concur.
346 So. 2d 1081 Florida District Court of Appeal, First District (1977) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

By prior order of this Court this case was scheduled for oral argument on May 26, 1977. Prior to oral argument, the Court discovered its jurisdiction to be questionable and thereupon issued an order directing the parties to be prepared to argue the jurisdictional issue at the same time argument on the merits had been scheduled. Having now considered the record, briefs and oral argument of counsel, the Court determines that if the Court had jurisdiction affirmance would nevertheless be required because appellant has failed to demonstrate prejudicial error. However, we may not reach that point because we determine that as a result of untimely filing of the notice of appeal jurisdiction has never vested in this Court. Accordingly, this case is dismissed for want of jurisdiction.

BOYER, C. J., MILLS & ERVIN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Teffeteller v. State, 439 So. 2d 840 (Fla. 1983)
    …n was overruled. Appellant argues that a prior consistent statement may not be introduced to shore up a witness’s testimony unless and until an effort is made to impeach his testimony. Van Gallon v. State, 50 So. 2d 882 (Fla.1951); Trainer v. State, 346 So. 2d 1081 (Fla. 1st DCA), cert. denied, 352 So. 2d 175 (Fla.1977). While this is a correct statement of the law, it lacks applicability to the instant set of facts. The trial court found that the question was designed to tie Po-teet’s testimony in “time-wise”…
  • Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989)
    …ade no showing of entitlement to a belated appeal, we dismiss this appeal for lack of jurisdiction. SHIVERS, C.J., and WENTWORTH and WIGGINTON, JJ., concur. . The failure to timely file a notice of appeal is a jurisdictional defect, Benz v. State, 346 So. 2d 1081 (Fla. 1st DCA 1977). . The writ of habeas corpus to secure a belated appeal is available under certain circumstances to, in effect, excuse the late filing of a notice. State v. Meyer, 430 So. 2d 440 (Fla.1983); Baggett v. Wainwright, 229 So. 2d 239…
  • Royer v. State, 389 So. 2d 1007 (Fla. 3d DCA 1979)
    …(1979); State v. Frost, 374 So. 2d 593 (Fla. 3d DCA 1979); see United States v. Carollo, 507 F. 2d 50 (5th Cir. 1975), cert. denied, 423 U.S. 874, 96 S.Ct. 143, 46 L.Ed.2d 105 (1975); Brown v. Beto, 468 F. 2d 1284 (5th Cir. 1972); Trainer v. State, 346 So. 2d 1081 (Fla. 1st DCA 1977), cert. denied, 352 So. 2d 175 (Fla.1977); In interest of R. L. J., 336 So. 2d 132 (Fla. 1st DCA 1976); (b) the arrest was unlawful because, whether or not the officers were justified in “encountering” Royer in the concourse, see…

Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw