State v. Langer, 86-879

Decision Date19 June 1986
Docket NumberNo. 86-879,86-879
Parties11 Fla. L. Weekly 1375 STATE of Florida, Appellant, v. Eric G. LANGER, Appellee.
CourtFlorida District Court of Appeals

Mart Troum, Asst. State Atty., Orlando, for appellant.

No appearance for appellee.

COWART, Judge.

The State of Florida seeks to invoke the discretionary jurisdiction of this district court of appeal to review a county court order denying a motion in limine made by the State to exclude from evidence at trial the opinion of a certain defense expert witness which order was certified by the county court to be of great public importance.

The testimony of a defense expert witness is not a "confession" nor an "admission" nor is it "evidence obtained by search and seizure." Therefore a non-final order denying a state's motion in limine to exclude the opinion testimony of a proposed defense expert witness is not appealable by the State under Rule 9.140(c)(1)(B) nor any other provision of that rule. The jurisdiction of district courts of appeal to discretionarily review by appeal non-final orders of the county court is limited by Rule 9.030(b)(4)(B) to orders otherwise appealable to the circuit court under Rule 9.140(c). Because the order in question is not appealable to the circuit court under rule 9.140(c) this court does not have jurisdiction to review that order under Rule 9.030(b)(4)(B).

APPEAL DISMISSED.

COBB, C.J., and DAUKSCH, J., concur.

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2 cases
  • State v. Richardson, 92-2400
    • United States
    • Florida District Court of Appeals
    • 2 Julio 1993
    ...924 (Fla.1988); State v. Palmore, 495 So.2d 1170 (Fla.1986). See also State v. Hale, 505 So.2d 1109 (Fla. 5th DCA1987); State v. Langer, 490 So.2d 1019 (Fla. 5th DCA1986); State v. Evans, 462 So.2d 596 (Fla. 5th DCA1985). We also conclude that, because the murder of Floyd (item 2) is intert......
  • State v. Brea
    • United States
    • Florida District Court of Appeals
    • 29 Diciembre 1987
    ...The order may not therefore be considered such an admission as a matter of the law of appellate review. See also State v. Langer, 490 So.2d 1019 (Fla. 5th DCA 1986). In accordance with our repeated rulings that such orders may likewise not be considered on certiorari, State v. Arriagada, 50......

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