489 So. 2d 859 - Leopard v. State’s Empirical Analysis

Citation profile

9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Are the appellate courts of this state bound by what appears to be dictum in Williams v. State, 324 So.2d 74, 79-80 (Fla.1975), to the effect that notices of appeal filed after written judgment is filed for recording, but before a post-trial motion is decided, are premature, but may riot be dismissed on that ground? 2. If so, does the Williams rule apply even in the case where the post-trial motion was filed by the appellant, or may the appellate court treat such motions as having been abandoned by the action of filing the notice of appeal, Allen v. Town of Largo, 39 So.2d 549 (Fla.1949)? 3. If the Williams rule would apply in such situations, are the appellate courts required to search the record in each case for evidence that such a post-trial motion has been filed and has not been ruled upon? 4. If the appellate court is required to search the record for undecided post-trial motions, do the parties have an obligation to bring such motions to the attention of the appellate court and/or to ensure that such motions are included in the record on appeal? 5. If the Williams rule places a notice of appeal in a state of “limbo” until the trial court rules upon the post-trial motion(s), may the appellate court limit the duration of this “limbo” by appropriate order, or is the “limbo” of possibly infinite duration? 6. If the appellate courts may not curtail the “limbo” in which the notices of appeal are placed in such circumstances, what procedure should be used to handle those c”

   2 later decisions quote this exact passage
   e.g. 496 So. 2d 988 - In the Interest of R.N.G. · 578 So. 2d 727 - Gonzalez v. Metro Dade Police Department