Wilcox v. State
| Decision Date | 10 February 1965 |
| Docket Number | No. 65-39,65-39 |
| Parties | Isiah WILCOX and Frank Hanks, Appellants, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
George Nicholas and Ernest W. Yocom, Miami, for appellants.
Earl Faircloth, Atty. Gen., for appellee.
Before BARKDULL, C. J., and CARROLL and HORTON, JJ.
It appearing to the court that the appellants in the above numbered cause were charged by separate informations in the Criminal Court of Record in and for Dade County, Florida, under Clerk's File Numbers 64-4189 and 64-4122, and that they have instituted proceedings in this court by the filing of one notice of appeal directed to judgments and sentences entered in said causes by the trial court, it is apparent that the notice of appeal is deficient and cannot bring on for review both judgments and sentences. See: Rocklin v. State, Fla.1952, 61 So.2d 484; Carroll v. State, Fla.App.1964, 171 So.2d 196(opinion filed December 2, 1964).
It is therefore the order of this court that the appellants, within thirty (30) days, amend the appeal notice by expunging one or the other of the file numbers referred to therein which will, in effect, leave one appeal pending. Upon failure so to do all proceedings commenced by the notice of appeal lodged in this court on January 16, 1965 will be dismissed.
To continue reading
Request your trial
-
State v. Good
...are rendered in separate proceedings, one notice of appeal does not suffice to bring up all the judgments for review. Wilcox v. State, 171 So.2d 425 (Fla.App.1965); Carroll v. State, 171 So.2d 196 (Fla.App.1964); Vander Car v. Pitts, 166 So.2d 837 (Fla.App.1964); Wilson v. Davis, 218 Ga. 65......
- Goldbloom v. J. I. Kislak Mortg. Corp., 81-649
-
Hollimon v. State, 38606
... ... Codrington, 1908, 55 Fla. 327, 45 So. 809. The Stewart case stands for the proposition that the filing of a single notice of appeal from two separate judgments is not jurisdictional but is an irregularity that can be waived ... But in Wilcox and Hanks v. State, Fla.App.3d 1965, 171 So.2d 425; Woolley v. State, Fla.App.2d 1966, 193 So.2d 706, and Bass v. State, Fla.App.1st 1968, 215 So.2d 628, the rule of the Rocklin case rather than that of the Lowe case was followed, even though it appears that the separate charges against the one ... ...
-
Lowe v. State
...judgments and sentences. See: Rocklin v. State, Fla. 1952, 61 So.2d 484; Carroll v. State, Fla.App.1964, 171 So.2d 196; Wilcox v. State, Fla.App.1965, 171 So.2d 425.' In its certification the District Court stated that its "* * * passes upon a question of great public interest', because it ......