RUBY JANE PUCKETT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
RUBY JANE PUCKETT, PETITIONER,
STATE OF FLORIDA, RESPONDENT
357 So. 2d 169
Florida Supreme Court (1978)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The petition for writ of certiorari reflected apparent jurisdiction in this Court. Certiorari was granted, without argument, based on an apparent decisional conflict with Fehre v. State, 158 Fla. 853, 30 So. 2d 367 (1947), and Douglas v. State, 152 Fla. 63, 10 So. 2d 731 (1942). Upon further consideration of the matter and review of the record, we have .determined that the facts of the present case are materially different from those involved in the cited decisions. Therefore, the cited decisions present no direct conflict as required by Article V, Section 3(b)(3), Florida Constitution, and the writ must be and is hereby discharged.
It is so ordered.
OVERTON, C. J., and BOYD, ENGLAND and SUNDBERG, JJ., concur. ADKINS, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jacobs v. State, 396 So. 2d 713 (Fla. 1981)…n scheme, the furtherance of which included the kidnapping. Jacobs urges that discovery violations entitle her to a new trial. The basis for this contention was not discovered until her initial appeal was pending in this Court. See Jacobs v. State, 357 So. 2d 169 (Fla. 1978). This Court directed the trial court to conduct an inquiry, which revealed these facts. Before the trial of either Jacobs or Tafero, Rhodes and the state began plea negotiations. As a prerequisite to any plea arrangement the state requir…
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State v. Meneses, 392 So. 2d 905 (Fla. 1981)…isdiction to the trial court for the purpose of filing and being heard on a motion to vacate prior to the appellate court’s disposition of the case. This is the practice now utilized in the appellate courts in this state. See e. g., Jacobs v. State, 357 So. 2d 169 (Fla.1978). The filing in the appellate court of a request to relinquish jurisdiction, however, does not require an appellate court to automatically relinquish jurisdiction to the trial court. The proceedings in the appellate court may be nearing co…
Authorities Cited
- Febre v. State, 158 Fla. 853 (Fla. 1947)
- Mose Douglas v. State, 152 Fla. 63 (Fla. 1942)