Opinion

City of Miami v. Brown

  • 80 So. 2d 610
  • 1955 Fla. LEXIS 3532
Court
Supreme Court of Florida
Filed
May 25, 1955
Status
Published
Author
Thornal
On the bench
Drew, Hob, Son, Thomas, Thornal
Cited by
2 cases
Authority
More cited than 81.3%

The opinion

THORNAL, Justice.

By petition for writ of certiorari, City of Miami attempts to challenge an order of the Circuit Court of the Eleventh Judicial Circuit which reversed a judgment of conviction of Collie Brown entered by the Municipal Court of the City of Miami.

The order of the Circuit Judge provided:

“That the Judgment and Sentence appealed from in this case are hereby reversed on the grounds that it appeared from the evidence and testimony that the Defendant was in possession of certain alleged carbon copies of bolita tickets and this Court feels that such carbon copies are not in themselves bolita tickets but are only evidence of a bookkeeping entry or receipt and therefore would not sustain a conviction of having been guilty of the charge of unlawful possession of lottery tickets.”

This order did not finally determine the cause by “* * * giving such judgment or order as the trial court should have given” as required by F.S. § 932.52(13), F.S.A. Therefore the proceeding in the municipal court has not been finally concluded, and the order of reversal is not of such finality as to support the granting of a petition for writ of certiorari. See Robinson v. City of Miami, 138 Fla. 696 , 190 So. 35 .

Petition denied.

DREW, C. J., and THOMAS and HOB-SON, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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