JO ANN AVERY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES AVERY, DECEASED, AND FOR THE USE AND BENEFIT OF CYNTHIA ANN AVERY AND CHARLES MARK AVERY, MINORS, SURVIVING CHILDREN OF JAMES AVERY, DECEASED, AND JO ANN AVERY, INDIVIDUALLY, APPELLANTS,
v.
DON OWEN AND THE CITY OF SWEETWATER, APPELLEES
JO ANN AVERY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES AVERY, DECEASED, AND FOR THE USE AND BENEFIT OF CYNTHIA ANN AVERY AND CHARLES MARK AVERY, MINORS, SURVIVING CHILDREN OF JAMES AVERY, DECEASED, AND JO ANN AVERY, INDIVIDUALLY, APPELLANTS,
DON OWEN AND THE CITY OF SWEETWATER, APPELLEES
433 So. 2d 564
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Keyes Co. v. Sens, 382 So. 2d 1273 (Fla. 3d DCA 1980); Gallagher v. Federal Insurance Co., 346 So. 2d 95 (Fla. 3d DCA), cert. denied, 354 So. 2d 980 (Fla. 1977); Industrial Waste Service, Inc. v. Henderson, 305 So. 2d 42 (Fla. 3d DCA 1974), cert. denied, 316 So. 2d 561 (Fla.1975).
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Citator
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Hollis Jones v. State, 477 So. 2d 566 (Fla. 1985)…McDonald, justice. We have for review State v. Jones, 433 So. 2d 564 (Fla. 4th DCA 1983). By expressly stating that the state’s unavailable appeal would be treated and allowed to be considered as a petition for writ of certiora-ri, the district court created conflict with State v. G.P., 429 So. 2d 786 (Fla. 3d DCA 19…
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Lafave v. State, 149 So. 3d 662 (Fla. 2014)…s; on this premise, he reserved judgment on the issue regarding the State’s right to seek a writ of certiorari. Id. at 1275 (Boyd, J., dissenting). That same year, in Jones, this Court reviewed the decision of the Fourth District in State v. Jones, 433 So. 2d 564 (Fla. 4th DCA 1983). In Jones, the trial court dismissed probation violation charges against Jones. 477 So. 2d at 566. The State appealed the trial court’s decision to the Fourth District, despite the lack of a statutory right to appeal this type of…
Authorities Cited
- Gallagher v. Fed. Ins. Co., 346 So. 2d 95 (Fla. 3d DCA 1977)
- The Keyes Co. v. Sens, 382 So. 2d 1273 (Fla. 3d DCA 1980)
- Indus. Waste Serv., Inc. v. Ada Henderson, 305 So. 2d 42 (Fla. 3d DCA 1974)
- Gobelman v. Gobelman, 316 So. 2d 561 (Fla. 1975)