THE STATE OF FLORIDA, APPELLANT,
v.
DEXTER PINDER, APPELLEE
Explore caselaw by topic → Browse Confession Of Error cases and more on FLexlaw
PER CURIAM.
In response to the state’s appeal from the trial court’s ruling granting suppression of evidence and discharge, counsel for appellee filed a memorandum brief confessing error and a motion for leave to withdraw. Proceeding in the manner outlined in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 19 L.Ed.2d 493 (1967), this court permitted appellee thirty days within which to file a statement of points. Appellee has not filed his brief or statement. Accordingly, we hold that the state’s appeal has merit. See United States v. Garcia, 741 F. 2d 363 (11th Cir.1984); United States v. Torres, 741 F. 2d 1323 (11th Cir.1984). Cf. State v. Suco, 521 So. 2d 1100 (Fla.1988) (owner of premises, not casual visitor, has standing to challenge search as violative of fourth amendment rights).
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Malagon v. Solari, 566 So. 2d 352 (Fla. 4th DCA 1990)…te issues, it is hereby ORDERED AND ADJUDGED that Plaintiffs Motion to Award Attorney’s Fees is DENIED and both parties are ordered to bear their own attorney’s fees and costs of litigation. Cecchi v. Gordon, et al., 13 Fla. Law Weekly [1116] 1117 [524 So. 2d 501] (3rd DCA 1988). This was clearly error. It is well settled that a plaintiff is considered the prevailing party if he recovers less than he sued for, so long as he recovers something. Salisbury Const. Corp. v. Mitchell, 491 So. 2d 308 (Fla. 4th DCA…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- United States v. Garcia, 741 F.2d 363 (11th Cir. 1984)
- State v. Suco, 521 So. 2d 1100 (Fla. 1988)
- United States v. Torres, 741 F.2d 1323 (11th Cir. 1984)