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507 So. 2d 1170

507 So.2d 1170

12 Fla.L.Weekly 1348

State v. Phillips

District Court of Appeal of Florida · decided 1987-05-28

Cited by 2 later decisions — most recently May 1991

2 state decisions

Relies on Sparks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-05-28

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PER CURIAM.

¶1On receipt of the record on appeal, it was discovered that no appealable order had been entered. Instead, the trial court had written the words “granted after hearing” on defendant’s motion to suppress. These words were followed by the date and the judge’s initials. In an order citing Sparks v. State, 262 So.2d 251 (Fla. 4th DCA 1972), appellant was ordered to show cause why this appeal should not be dismissed for lack of jurisdiction. In response, appellant agrees that the appeal must be dismissed.

¶2Florida Rule of Appellate Procedure 9.140(c)(1)(B) authorizes appeals by the state from orders suppressing evidence obtained by search and seizure. Rule 9.140(c)(2) provides that such appeals are commenced by the filing of a notice of appeal within 15 days of rendition of the order to be reviewed. Rule 9.020(g) defines rendition as “the filing of a signed, written order with the clerk of the lower tribunal.” Without a “signed, written order” filed with the clerk of the lower court, the threshold requirement for commencing an appeal cannot be met.

¶3Since no order has been rendered, this appeal is dismissed.

JOANOS, WIGGINTON and ZEHMER, JJ., concur.
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