Public-domain · open source
OpenJurist

215 So. 2d 892

State v. Malone

District Court of Appeal of Florida

Decided November 19, 1968

District Court of Appeal of Florida · decided 1968-11-19

Cited by 1 later decisions — most recently November 1969

1 state decisions

Relies on 188 So. 2d 836 - Gossett v. State · State v. Shedaker

Good law ✅— No negative treatment on recordhow we know

Decided 1968-11-19

View the full empirical analysis of this case →

PER CURIAM.

¶1The court, having examined the record and briefs in this cause, finds that the state is attempting to appeal from an oral order of a judge of the Criminal Court of Record of Dade County, Florida, which has been docketed in the Minute Book of the Clerk of the Criminal Court of Record in and for Dade County, Book 268, Page 427. The attempted appeal is from an oral order which quashed the criminal information in the cause on the grounds of former jeopardy. The State is apparently attempting to appeal under the authority of Gossett v. State, Fla.App.1966, 188 So.2d 836, an opinion of the Second District Court of Appeal.

¶2This court expressly declined to follow the holdings in Gossett, supra, in the case of State v. Shedaker, Fla.App.1966, 190 So.2d 429.

¶3The attempted appeal from an oral order in this cause be and the same is hereby dismissed, sua sponte, under the authority of State v. Shedaker, supra.

/215/so2d/892 · .json · Public domain