Johnson v. Pellicer

District Court of Appeal of Florida

Decided June 4, 1980

District Court of Appeal of Florida · decided 1980-06-04

Cited by 1 later decisions — most recently August 1981

1 state decisions

Key passage — most relied on by later courts

“evinces a flagrant disregard of the court's authority or effort to evade its processes.”

quoted by 1 later decision, including 402 So. 2d 525 - Gardner v. Murphy

Relies on Ex parte McDaniel

Good law ✅— No negative treatment on recordhow we know

Decided 1980-06-04

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PER CURIAM.

¶1The allegations of the sworn petition for habeas corpus have not been refuted in the response thereto, and it appears from the record before us that the defendant’s conduct herein did not evince such a flagrant disregard of the court’s authority or effort to evade its processes as to forfeit the defendant’s constitutional right to bail. See Ex parte McDaniel, 86 Fla. 145, 97 So. 317 (1923). It is ordered that the trial court shall set bond, in a reasonable amount, in Case No. 79-748-CF and Case No. 79-749-CF, immediately upon receipt of this writ. The issue of estreature of the original bonds is not raised by this petition, and therefore not considered.

¶2IT IS SO ORDERED.

ORFINGER, COBB and FRANK D. UP-CHURCH, Jr., JJ., concur.