Bradley v. McDermott

District Court of Appeal of Florida

Decided February 7, 1985

District Court of Appeal of Florida · decided 1985-02-07

Relies on 427 So. 2d 161 - Sherrod v. Franza · 437 So. 2d 142 - Lowe v. Price · 426 So. 2d 570 - Ehn v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1985-02-07

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Cited by 8 later decisions — most recently June 2011

7 state decisions

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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SHARP, Judge.

¶1Bradley appeals from the circuit court’s denial of his petition for writ of prohibition 1 which sought to prohibit the county court from continuing to exercise jurisdiction over him because of a claimed violation of the speedy trial rule.2 The circuit court did not reach the merits of this question, relying on Guzman v. Huffstetler, 409 So.2d 134 (Fla. 5th DCA 1982). That case is no longer controlling.3 We reverse and remand to give the circuit court an opportunity to rule on the matter.

¶2REVERSED AND REMANDED.

DAUKSCH and FRANK D. UP-CHURCH, Jr., JJ., concur.

¶3. Fla.R.App.P. 9.030(c)(3).

¶4. Fla.R.Crim.P. 3.191.

¶5.Ehn v. Smith, 426 So.2d 570 (Fla. 5th DCA 1983) now holds that prohibition is a proper remedy for an alleged speedy trial violation. See also Lowe v. Price, 437 So.2d 142 (Fla.1983); Sherrod v. Franza, 427 So.2d 161 (Fla.1983).