STATE OF FLORIDA EX REL. ROBERT L. SHEVIN, ATTORNEY GENERAL, RELATOR,
v.
WILLIAM C. PIERCE, AS CHIEF JUDGE, ET AL., RESPONDENTS
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The Florida Supreme Court issued a writ of prohibition preventing the District Court of Appeal from hearing an appeal of a criminal defendant's order of reconsideration regarding a dismissal under the Speedy Trial Rule, holding that such interlocutory orders are not appealable by defendants and that only the State may appeal pretrial orders under Florida Appellate Rule 6.3(b).
The District Court of Appeal lacks jurisdiction to hear the defendant's appeal because the order granting reconsideration is a nonappealable interlocutory order. Only the State may appeal pretrial orders in criminal cases under Florida Appellate Rule 6.3(b). A defendant may, however, raise the validity of such orders in an appeal from a final judgment.
[1] An order granting reconsideration of a prior order dismissing a defendant from prosecution is a nonappealable interlocutory order.
[2] A District Court of Appeal lacks jurisdiction to hear an appeal from a nonappealable interlocutory order.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the Circuit Court order granting reconsideration of the former order discharging Lonnie E. Cox, Jr. purportedly under the Speedy Trial Rule, is a nonappealable interlocutory order and that the District Court is without jurisdiction to consider it”
Establishes the core holding that interlocutory orders granting reconsideration are not appealable by defendants.
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Join FLexlaw to unlock all legal intelligenceLonnie E. Cox, Jr. was charged with aggravated assault and kidnapping under an information. The Circuit Court of Pinellas County dismissed and dischar…
The full statement of facts, procedural history, and disposition for this case are member content.
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We here consider suggestion of the State for a writ of prohibition prohibiting the District Court of Appeal, Second District, from hearing the appeal of Lonnie E. Cox, Jr., from an order of the Circuit Court of Pinellas County, Florida, granting the State’s motion for reconsideration of a former order of said Circuit Court dismissing and forever discharging said Lonnie E. Cox, Jr. from prosecution under an information charging Cox with aggravated assault and kidnapping. Said former order was issued under the purported authority of Florida Rules of Criminal Procedure, Rule 1.191(a)(1), known as the Speedy Trial Rule, 33 F.S.A.
Rule Nisi in Prohibition was issued. Respondents have advised no answer or return will be filed.
This matter being at issue, it is the opinion of this Court that the Circuit Court order granting reconsideration of the former order discharging Lonnie E. Cox, Jr. purportedly under the Speedy Trial Rule, is a nonappealable interlocutory order and that the District Court is without jurisdiction to consider it. See Article V, section 5(3), Constitution of Florida, F.S.A. See also State v. Smith, Fla.App.1971, 254 So.2d 402. That decision was approved by this Court in State v. Smith and Figgers, 260 So.2d 489. The sole provision promulgated by this Court for appellate review of pretrial orders in criminal cases is found in Rule 6.3, subd. b, Florida Appellate Rules, 32 F.S.A. which only allows appeal therefrom by the State.
Nothing herein is intended to preclude Lonnie E. Cox, Jr. from raising the question of the validity of the order of reconsideration re: application of the speedy trial rule in his cause in any appeal he takes from a final judgment therein.
The foregoing considered, peremptory writ is hereby issued directed to Respondents prohibiting them from taking jurisdiction of the appeal of Lonnie E. Cox from said order of reconsideration.
It is so ordered.
ROBERTS, C. J., and CARLTON, ADKINS and BOYD, JJ., concur.
ERVIN, J., dissents with opinion.
I dissent. I see little reason why the District Court of Appeal under its supervisory jurisdiction could not consider the fundamental question of whether Lonnie E. Cox, Jr. was entitled to discharge under the speedy trial rule itnder the circumstances in this case. Having secured the original order of discharge, he was aggrieved by its reconsideration on the State’s motion. Even though technically an appeal does not lie, it would appear the notice of appeal could have been treated by the District Court as a petition for an extraordinary writ under its supervisory jurisdiction. See last paragraph of Article V, Section 5(3), State Constitution.
ERVIN, Justice.
I dissent. I see little reason why the District Court of Appeal under its supervisory jurisdiction could not consider the fundamental question of whether Lonnie E. Cox, Jr. was entitled to discharge under the speedy trial rule itnder the circumstances in this case. Having secured the original order of discharge, he was aggrieved by its reconsideration on the State’s motion. Even though technically an appeal does not lie, it would appear the notice of appeal could have been treated by the District Court as a petition for an extraordinary writ under its supervisory jurisdiction. See last paragraph of Article V, Section 5(3), State Constitution.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Smith, 260 So. 2d 489 (Fla. 1972)
- Thelmo Johnson, Jr. v. State, 254 So. 2d 402 (Fla. 2d DCA 1971)
- State v. Smith, 254 So. 2d 402 (Fla. 1st DCA 1971)