# R.M. v. State

> District Court of Appeal of Florida · July 14, 1999 · 763 So. 2d 1060

URL: https://www.frixlaw.com/law-library/cases/7733846

## Case

- **Full name:** R.M., a child v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** July 14, 1999
- **Citations:** 763 So. 2d 1060; 1999 Fla. App. LEXIS 9296
- **Precedential status:** Published
- **Opinion:** Concurrence by Klein
- **Judges:** Klein, Owen, Warner, William
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7733846

## How later opinions describe it (automated extraction)

- holding that a dismissal pursuant to rule 8.110 is equivalent to a motion for judgment of acquittal and may be made at the close of the state’s case

## Opinion text

KLEIN, J.,
concurring specially.
I agree with the majority except to the extent that it suggests that any action must be taken by the juvenile in order to preserve the issue of sufficiency of the evidence for appeal.
Florida Rule of Juvenile Procedure 8.110(f), as the majority opinion points out, provides: “If the court finds that the allegations in the petition have not been sustained, it shall enter an order so finding and dismissing the case.” Rule 8.110(k) provides:
If at the close of the evidence for the petitioner, the court is of the opinion that the evidence is insufficient to establish a prima facie case of guilt against the child, it may, or on the motion of the state attorney or the child shall, enter an order dismissing the petition for insufficiency of the evidence.
In my opinion these rules mean that no action is required to be taken by the juvenile in the trial court in order to preserve for appeal the issue of sufficiency of the evidence. This is consistent with nonjury civil cases, in which the sufficiency of the evidence to support the judgment can be raised on appeal “whether or not the party raising the question has made any objection thereto in the trial court or made a motion for rehearing, for new trial, or to alter or amend the judgment.” Rule 1.530(e).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7733846. Public record. Not legal advice.