The 2023 Florida Statutes
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The supreme court has stated that " jurisdiction to try an accused does not exist under article I, section 15 of the Florida Constitution unless there is an extant information, indictment, or presentment filed by the state." State v. Anderson, 537 So.2d 1373, 1374 (Fla. 1989) (emphasis added). This, of course, necessarily includes the power to accept a guilty or nolo plea. The court's jurisdictional pronouncement is based on article I, section 15, which expressly provides that no one in this state can be tried for a felony absent a presentment, indictment, or "information under oath filed by the prosecuting officer of the court"(emphasis added). See §§ 34.13( 1), 932.47, 932.48, Fla. Stat. Similarly with regard to juveniles, a statute provides that "[a]ll proceedings seeking a finding that a child has committed a delinquent act or violation of law shall be initiated by the state by the filing of a petition for delinquency by the state attorney." § 985.218(1), (2), Fla. Stat. Clearly, then in this state, a court obtains jurisdiction to try a felony case or accept a guilty or nolo plea or to find a juvenile to be delinquent or in violation of the law only upon the filing…
When Defendant Parker approved the warrant application, set bail, approved the plea agreement, and oversaw the hearings at issue, he was acting pursuant to his judicial functions. Florida Statutes, section 34.13 (1991) states that a county court judge shall issue arrest warrants upon submission of affidavits from the state attorney. Section 903.03(1) provides that county courts have the jurisdiction "to hear and decide all preliminary motions regarding bail. . . ." Thus, the actions Plaintiff alleges Defendant Parker took fall within the judicial function as defined by the relevant state statutes. Defendant Parker's actions cannot be characterized as administrative in nature. Therefore, Defendant Parker is immune from Plaintiff's § 1983 damages claims.
We read no such intent into this statutory change. In 1974, the criminal statute of limitations was substantially revised. Among the revisions was the addition, for the first time, of a definition of when prosecution commences. The state contends the "affidavit" referred to in the former statute was merely the affidavit or complaint allowed in county court as a method of prosecution. See § 34.13 (all persons tried in county court on criminal charges shall be tried on indictment, information, affidavit or complaint).
The first is whether Mr. Huckaby's actions caused the deprivation of Mr. Carr's rights. I find they did. Although Mr. Huckaby did not take Mr. Carr into custody, he swore to the false complaint. Florida allows prosecution of a misdemeanor by complaint made upon an affidavit. § 34.13(4), Fla.Stat. (1975). Mr. Huckaby's complaint was the document charging Mr. Carr and therefore a cause of his incarceration on February 24, 1975, although not a cause of the arrest which was solely Deputy Bell's doing.
"(e) An alien being re-examined may introduce as witnesses before the board such physicians or medical experts as the board may in its discretion permit, at his own cost and expense, . . . ." 42 Code Fed. Reg. § 34.13 (1947 Supp.).
. . . However, "a finding of waiver is not mandatory", 7 Moore's Federal Practice, § 34.13[2][c] (Matthew Bender . . .
. . . Moore, Moore’s Federal Practice—Civil § 34.13[2][c] (3d ed.2014). . . .
. . . Genie Indus., Inc., 276 F.R.D. 161, 163 (S.D.N.Y. 2011) (same); 7 Moore’s Federal Practice § 34.13[2] . . . Sullivan, 231 F.R.D. 468, 473 (D.Md.2005); 7 Moore’s Federal Practice § 34.13[2][b], at 34-58 (3d ed. . . .
. . . Moore, et al., Moore’s Federal Practice, § 34.13[2][a], at 34-57 (footnote omitted); see id. § 34.14[ . . .
. . . Moore’s Federal Practice § 34.13(2)(b) (emphasis added). . . .
. . . Moore, et al., Moore’s Federal Practice, § 33.174[2], at 33-106, § 34.13[2][a], at 34-56 to 34-56.1 ( . . . Moore, et al., Moore’s Federal Practice, § 34.13[2][a], at 34-57 (footnote omitted). . . . Moore, et al., Moore’s Federal Practice, § 34.13[2][a], at 34-57 (footnote omitted); see id. § 34.14[ . . . Moore, et al., Moore’s Federal Practice, § 34.13[2][a], at 34-57 (footnote omitted); see id. § 34.14[ . . .
. . . Aug. 19, 2008) (citing 7 Moore’s Federal Practice § 34.13[5] at 34-92 (2008) (“A party producing documents . . . Aug. 19, 2008) (citing 7 Moore’s Federal Practice § 34.13[5] at 34-92 (2008) (addressing the requesting . . . Aug. 19, 2008) (citing 7 Moore’s Federal Practice § 34.13[5] at 34-92 (2008) (“A party producing documents . . .
. . . Paul, Minn., Code § 34.13. . . .
. . . . §§ 58.1-2217, 62.1-44:34.13. . . . The tax imposed pursuant to § 58.1-2217 [and the underground tank fee imposed pursuant to § 62.1-44:34.13 . . . See Va.Code Ann. §§ 58.1-2217 (2004), 62.1-44:34.13 (2001). . Pine Top Ins. Co. v. Bank of Am. . . .
. . . 400.00 Cell Phone $ 90.00 Utilities $ 110.00 Telephone $ 20.00 Bell South Mobility $ 66.00 Cable $ 34.13 . . .
. . . See Queenan, Hendel & Hillinger, Chapter 11 Theory and Practice: Appeals § 34.13 (orders granting or . . .
. . . See 7 Moore’s Federal Practice, § 34.13[3] at 34-77 (This language “was added in 1980 as a result of . . .
. . . proceedings than in nonbankruptey eases. 6 Chapter 11 Theory and Practice: A Guide to Reorganization § 34.13 . . .
. . . proceedings than in nonbankruptcy cases. 6 Chapter 11 Theory and Practice: A Guide to Reorganization § 34.13 . . .
. . . proceedings than in nonbankruptey cases. 6 Chapter 11 Theory and Practice: A Guide to Reorganization § 34.13 . . .
. . . proceedings than in nonbankruptey cases. 6 Chapter 11 Theory and Practice: A Guide to Reorganization § 34.13 . . .
. . . United States, 505 F.2d 1068, 1072 (6th Cir.1974) citing 6 Mertens, Law of Income Taxation, § 34.13, . . .
. . . Florida Statutes, section 34.13 (1991) states that a county court judge shall issue arrest warrants upon . . .
. . . See § 34.13 (all persons tried in county court on criminal charges shall be tried on indictment, information . . .
. . . The lease was assigned nine and one-half months through the first year; therefore, the lessees paid $34.13 . . .
. . . Mertens, Law of Federal Income Taxation §31.12 (1980); 6 id., §§34.01-34.13 (1975); B. Bittker & L. . . .
. . . Mertens, Law of Federal Gift and Estate Taxation, sec. 34.13, at 63 (1959). . . .
. . . Anchor Hocking Glass Corp., 11 F.R.D. 487, 16 F.R.Serv. 34.13, Case 1 (W.D.Pa.1951). . . .
. . . . § 34.13(4), Fla.Stat. (1975). Mr. Huckaby’s complaint was the document charging Mr. . . .
. . . individual in ways other than through the distribution of dividends. 6 Mertens, Law of Income Taxation, § 34.13 . . .
. . . intendment of such phrasing so as to destroy the exempt status. 6 Mertens, Law of Federal Income Taxation, § 34.13 . . .
. . . Martin Elementary School: In October, 1969, it had a student body of 34.13% Mexican-American, 65.19% . . .
. . . . $34.13 $23.20 266339-A 31.60 22.50 266340-A 33.07 22.50 266341-A The Antidumping Act of 1921 provides . . .
. . . See 6 Mertens, The Law of Federal Income Taxation, section 34.13. . . .
. . . (N.D.Ind.), 27 F.R.D. 431, 4 F.R.Serv.2d 34.13, case 8. . . .
. . . Section 34.13 of the Civil Service Regulations pertains to the utilization of examiners of other agencies . . .
. . . Co., 21 Fed.Rules Serv. 34.13, Case 5 (p. 506) (E.D.Pa.), are not stated in any detail, there is no reason . . .
. . . report of this medical board therefore wholly failed to show any compliance with the requirement of § 34.13 . . . the Court thinks the record affirmatively shows a failure to comply with the statute and regulation § 34.13 . . . Reg. §34.13 (1947 Supp.). . . . R. §34.13 (1947 Supp.). . . .
. . . . §§ 249(c), 252, and set forth in 42 C.F.R., 1947 Supp., 34.1-34.13. . . . the detailed provisions for re-examination by a specially convened board upon the alien’s appeal, § 34.13 . . .
. . . Moore-McCormack Lines, Inc., D.C.E.D.N.Y.1945, 8 Federal Rules Service 34.13, Case 1, Inch, D.J., “No . . .
. . . computation to be gained from this map, using Section 7: Section Seven Acres “East 1/2” 40.84 x 6 245.04 34.13 . . . x 1 ................ 34.13 35.33 x 1 ................ 35.33 “Lot 17”................................ . . .
. . . It consists of 34.13 acres of land, with some railroad trackage, a freight station, two warehouses and . . .
. . . Square to Round on roof of Boiler House ......................... 34.13 Item No. 6. . . .
. . . paid in full: Frank Clarke, American Surety Company, $38; Frank Clarke, New York Casualty Company, $34.13 . . .