Bell v. State
| Decision Date | 09 June 1944 |
| Citation | 154 Fla. 505,18 So.2d 361 |
| Parties | BELL v. STATE. |
| Court | Florida Supreme Court |
Motion granted
Appeal from Circuit Court, Lafayette County; R. H. Rowe judge.
C. A Avriett, of Jasper, for appellant.
J. Tom Watson, Atty. Gen., and John C. Wynn, Asst. Atty. Gen., for appellee.
The Circuit Court of LaFayette County, Florida, on January 12, 1944, adjudged the appellant, Arthur Bell, guilty of the crime of larceny of described hogs and sentenced him to serve a period of two years at hard labor in the State Prison for the said offense. On the same day the following notice of an appeal was filed in the office of the Clerk of the Circuit Court of LaFayette County, Florida:
'In the Circuit Court Third Judicial Circuit Lafayette County Florida.
'C. A. Avriett
'Appellant's Attorney.
'Received a true copy of this appeal this Jan. 12, 1944.
'David Lanier
'State Attorney
'O. O. Edwards
'Assistant State Atty.'
On May 17, 1944 pursuant to the aforesaid notice, a transcript of the record of the trial and conviction of the appellant was lodged in this court, and on May 29, 1944, a motion to dismiss the appeal was filed by the Attorney General.
The basis of the motion to dismiss is that the aforesaid notice of appeal fails to conform to the requirements of Sections 924.06 and 924.11, Fla.Stats.1941, F.S.A. That the notice of appeal is defective in that it fails to particularize the final judgment or sentence to be here reviewed. Section 924.06 supra, provides that a defendant (in a criminal case) may take an appeal only from (1) a final judgment; and (2) an illegal or excessive sentence. The notice fails to name or designate the final judgment or sentence entered in the lower court sought to be reviewed.
It is our conclusion that the notice of appeal for these reasons is fatally defective and fails to confer jurisdiction on the court, and there is not a substantial compliance with the enumerated statutes. Section 924.09, Fla.Stats.1941, F.S.A limits the time of appeal to ninety days from the date of the entry of the final judgment. The date of the entry of the judgment was January 12, 1944, and the record lodged here on May 17, 1944.
Having reached the conclusion that the court is without jurisdiction of the controversy,...
To continue reading
Request your trial
-
Smith's Estate, In re, 2165
...132 So.2d 426 ... In re ESTATE of Lincoln R. SMITH, a/k/a Lincoln Robert Smith, Deceased ... FLORIDA INDUSTRIAL COMMISSION, a State Agency, Appellant, ... David John Joseph SMITH, as Administrator of the Estate of Lincoln R. Smith, a/k/a Lincoln Robert Smith, Deceased, Appellee ... ...
-
Seaboard Air Line R. Co. v. Holt
...is 'the final judgment'. For the foregoing reasons we consider the Green case distinguishable. In the criminal case of Bell v. State, 154 Fla. 505, 18 So.2d 361, the notice of appeal simply stated that the defendant 'hereby takes and enters this his appeal to the Supreme Court of Florida * ......
-
Perez v. State
...adherence to language rather than intent would justify denying appellant Perez his right to appeal. We recognize that in Bell v. State, 154 Fla. 505, 18 So.2d 361, the Supreme Court of Florida reached the conclusion that it was without jurisdiction where a notice of appeal from a conviction......
-
State ex rel. Ervin v. Smith, 32843
...has no jurisdiction--no power--to act. Purdy v. State, 150 Fla. 172, 7 So.2d 109; Newsom v. State, Fla., 54 So.2d 58; Bell v. State, 154 Fla. 505, 18 So.2d 361; Lee v. State, 128 Fla. 319, 174 So. 589; Donin v. Goss, Fla., 69 So.2d Respondents, however, suggest that the restriction of the r......