CARL GAINEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARL GAINEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
89 So. 2d 796
Florida Supreme Court (1956)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The record and the briefs in this cause have been examined and the judgment appealed from is affirmed on authority of Cortes v. State, 135 Fla. 589, 185 So. 323; Cross v. State, 96 Fla. 768, 119 So. 380; Parrish v. State, 90 Fla. 25, 105 So. 130; Lopez v. State, Fla., 66 So. 2d 807, and Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790; Section 933.13, Florida Statutes, F.S.A. Affirmed.
DREW, C. J., and TERRELL, HOBSON and THORNAL, JJ., concur.
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Citator
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Hilkmeyer v. Latin Am. AIR Cargo Expediters, Inc., 94 So. 2d 821 (Fla. 1957)…8 So. 820; Brinson v. Tharin, 1930, 99 Fla. 696, 127 So. 313. This holding has been more recently confirmed in Mutual Ben [*824] efit Health & Accident Ass’n v. Bunting, 1938, 133 Fla. 646, 183 So. 321 and Curry U-Drive It, Inc., v. Ross, Fla. 1956, 89 So. 2d 796. . While we find that much has been written on the general subject we find no definitive historically based analysis of the right to trial by jury. See e. g. Federalist Nos. 81 and 83; Thayer, Preliminary Treatise on Evidence at the Common Law, Ch.…
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Cast-Crete Corp. v. Prater, 134 So. 2d 813 (Fla. 2d DCA 1961)…r to a circuit court.” It is seen, therefore, that through neither constitutional or statutory authority does any provision exist which permits •of a second appeal. See State v. Katz, Fla.App.1959, 108 So. 2d 60; Curry U-Drive It v. Ross, Fla.1956, 89 So. 2d 796. The conclusion must be that appeal does not lie. As to defendant’s request that its notice of appeal, together with the record, be regarded as a petition for writ of certiorari in the event that is the proper remedy, this must be considered in the…
Authorities Cited
- Carroll v. United States, 267 U.S. 132 (U.S. 1925)
- Cross v. State, 96 Fla. 768 (Fla. 1928)
- Parrish v. State, 90 Fla. 25 (Fla. 1925)
- Cortes v. State, 135 Fla. 589 (Fla. 1938)
- Lopez v. State, 66 So. 2d 807 (Fla. 1953)