35.08
Power to execute its judgments.
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35.08 Power to execute its judgments.—Each district court of appeal is vested with all the power and authority necessary for carrying into complete execution all of its judgments, decrees, orders, and determinations in the matters before it agreeable to the usage and principles of law.
History.—s. 1, ch. 57-248.
Notes of Decisions
Cited in 10
cases, 1959–2020 · leading case: Straley v. Frank
Straley v. Frank (1994)
“; § 35.08, Fla. Stat. (1993); Fla.R.App.P. 9.”
Formor v. State (2006)
“” § 35.08, Fla. Stat. (2004). We grant the motion to enforce our mandate and remand this cause to the Chief Judge of the Circuit Court for the Ninth Judicial Circuit or, in his stead, and upon his assignment, an administrative judge, for Formor’s resentencing in compliance with…”
King v. L & L INVESTORS, INC. (1962)
“" And § 35.08 Fla. Stat., F.S.A., provides: "Each district court of appeal is vested with all the power and authority necessary for carrying into complete execution all of its judgments, decrees, orders and determinations in the matters before it agreeable to the usage and…”
Division of Alcoholic Bev. v. Tampa Crown (1999)
“1957) (vacating judgment appealed from and entering judgment for appellant where the trial court was reluctant to do so); see also § 35.08, Fla. Stat. (1999) ("Each district court of appeal is vested with all the power and authority necessary for carrying into complete execution…”
2D14-4561 / Florida Digestive Health Specialists, LLP. v. Colina (2016)
“This court “is vested with all. the power and authority necessary for carrying into complete execution all of its judgments, decrees, orders, and determinations in the matters before it.”
Sullivan v. Chase Federal Savings & Loan Ass'n (1961)
“We are not persuaded that the chancellor has refused to follow or will not readily comply with the mandate of this court, as the same has been clarified herein; and for that reason, the petition for this court to enter such decree as should have been given by the trial court…”
Sullivan v. Chase Federal Savings & Loan Ass'n (1961)
“, or otherwise-as authorized under section 35.08, Fla.Stat.,. F.S.A., is denied without prejudice.”
ROBERT RAMSAY v. STATE OF FLORIDA (2020)
“; § 35.08, Fla. Stat. (2020); see also Posner v.”
Pearson v. Chakmakis (1959)
“, or otherwise as authorized under § 35.08, Fla.Stat., F.S.A., is denied, without prejudice.”
South Florida Express Bankserv, Inc. v. Aponte (2010)
“” Section 35.08, Florida Statutes, gives district courts of appeal the power to execute their judgments.”
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