CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2013 WL 6635719, 2013 Fla. App. LEXIS 19923
...See ch. 2013-25, Laws of Fla. And, even if the new laws were somehow in effect now, we *263 would still not have jurisdiction to recall the mandate and reopen this case because the motion was filed more than 120 days after the mandate was issued. See § 43.44, Fla....
...(2013) ("A mandate may not be recalled more than 120 days after it has been issued."); In re Amendments to Fla. Rules of Judicial Admin. and Fla. Rules of App. Pro.,
125 So.3d 743 (Fla.2013) (amending Florida Rule of Appellate Procedure 9.340 to conform to section
43.44, Florida Statutes)....
CopyCited 1 times | Published | Supreme Court of Florida
PER CURIAM. *669 Respondents' Joint Motion to Recall Mandate is hereby granted. The opinion of this Court dated January 4, 2019, is hereby withdrawn, and this opinion is substituted in its place. See § 43.44, Fla....
CopyPublished | Supreme Court of Florida
...United States,
562 U.S. 476, 507 (2011).
In order to change this status quo—to undo our final judgment vacating
Okafor’s death sentence—we would have to recall our mandate and then render a
different judgment. But the law constrains our ability to do so. Section
43.44,
Florida Statutes (2019), says that an appellate court’s mandate “may not be
recalled more than 120 days after it has been issued.” Similarly, Florida Rule of
Appellate Procedure 9.340(a) says that a “court may direct the cle...
CopyPublished | Florida 3rd District Court of Appeal
...Chiropractic Clinics’s petition to
this Court was filed on March 20, 2018. The Responsive Auto Insurance Company
1 While the rules of appellate procedure provide no mechanism to “strike” a
mandate, Florida Rule of Appellate Procedure 9.340(a), promulgated pursuant to
section 43.44 of the Florida Statutes, provides that an appellate court may recall its
mandate within one hundred twenty days of its issuance....
CopyPublished | Florida 4th District Court of Appeal
...3d at 573.
Contrary to the State’s argument, the circuit court could not revive the
original sentence unless we recalled our mandate. But, as the Florida
Supreme Court has explained, we lack the authority to do so more than
120 days after the mandate issued. Okafor,
306 So. 3d at 933 (citing §
43.44, Fla....
CopyPublished | Florida 4th District Court of Appeal
...3d at 573.
Contrary to the State’s argument, the circuit court could not revive the
original sentence unless we recalled our mandate. But, as the Florida
Supreme Court has explained, we lack the authority to do so more than
120 days after the mandate issued. Okafor,
306 So. 3d at 933 (citing §
43.44, Fla....
CopyPublished | Supreme Court of Florida
...April 18, 2019
PER CURIAM.
Respondent’s Motion to Recall Mandate is hereby granted. The opinion of
this Court dated January 4, 2019, is hereby withdrawn, and this opinion is
substituted in its place. See § 43.44, Fla....
