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352 So. 2d 91

Berry v. State

District Court of Appeal of Florida · decided 1977-08-02

Relies on McGregor v. Hammock

Good law ✅— No negative treatment on recordhow we know

Decided 1977-08-02

How this case has been cited

Cited by 5 later decisions — most recently September 1991

4 state decisions

30197719801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1ORDER GRANTING APPELLEE’S MOTION TO WITHDRAW MANDATE AND REPUBLISH OPINION

¶2We issued an opinion in this case on April 29, 1977. It appears, however, that the office of the Attorney General, as counsel for appellee, did not receive a copy of the opinion until July 8, 1977. As a result of inadvertence, mistake or error the mandate was issued without a copy of the court’s opinion having been sent to appellee. Normally we would lose jurisdiction to withdraw the mandate at the termination of the term of court at which the mandate was issued, but an exception exists when the mandate is issued because of inadvertence, mistake or error. McGregor v. Hammock, 114 Fla. 259, 154 So. 191 (1934). Appellee’s motion is granted and we hereby withdraw the mandate and republish our opinion.

MAGER, C. J., and ALDERMAN and LETTS, JJ., concur.
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