STATE OF FLORIDA, APPELLANT,
v.
CECIL CALVERT CAMPER, APPELLEE

Fla. 4th DCA | 1978-04-04
No. 77-1899
ALDERMAN, C. J., and DAUKSCH, J., concur.
356 So. 2d 1329 Florida District Court of Appeal, Fourth District (1978) Negative Treatment
Cited by 46 cases

Opinion of the Court
MOORE, Judge.

MOORE, Judge.

The State appeals the granting of appel-lee’s motion for discharge pursuant to Fla. R.Crim.P. 3.191(a)(1). In Eaddy v. State, 352 So. 2d 98 (Fla. 4th DCA 1977) this court held that the speedy trial time does not begin to run in favor of an individual who is incarcerated in another jurisdiction and against whom a detainer has been lodged until the authority which filed the detainer obtains custody of the individual. It is unfortunate that the learned trial judge was without the benefit of Eaddy, supra, at the time of his decision. Accordingly, the trial court’s order discharging the appellee is REVERSED and this cause REMANDED with instructions to reinstate the charges against the appellee.

REVERSED and REMANDED.

ALDERMAN, C. J., and DAUKSCH, J., concur.


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Citator

Cited By (45 total)

  • Glenna Somero and Robert Somero v. Hendry Gen. Hosp., 467 So. 2d 1103 (Fla. 4th DCA 1985)
    …judge who found excusable neglect. I believe our decision here conflicts with North Shore Hospital, Inc. v. Barber. It also all but does away with default judgments. . See, for example, Westinghouse Credit Corporation v. Steven Lake Masonry, Inc., 356 So. 2d 1329 (Fla. 4th DCA 1978) and compare it with County National Bank of North Miami Beach v. Sheridan, Inc., 403 So. 2d 502 (Fla. 4th DCA 1981).…
  • Cnty. Nat'l Bank OF N. Miami Beach v. Sheridan, Inc., 403 So. 2d 502 (Fla. 4th DCA 1981)
    …cur. . Unlike the defaulted parties involved in two other recently decided cases out of this court. See Kar Kare Owners Group of Florida v. Chason, 356 So. 2d 851 (Fla. 4th DCA 1978) and Westinghouse Credit Corporation v. Steven Lake Masonry, Inc., 356 So. 2d 1329 (Fla. 4th DCA 1978).…
  • Lazcar Int'l, Inc. v. Caraballo, 957 So. 2d 1191 (Fla. 3d DCA 2007)
    …59 So. 2d 109, 109 (Fla. 2d DCA 1990). It has long been the law of this state, well understood by practitioners, that “swift action must be taken upon first receiving knowledge of any default.” Westinghouse Credit Corp. v. Steven Lake Masonry, Inc., 356 So. 2d 1329, 1330 (Fla. 4th DCA 1978). As this court has said, [I]t would appear that [this] requirement ... is directly related to the reasons for the entry of the default in the first place — to provide for prompt disposition of legal proceedings. In essence…

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