CopyCited 17 times | Published | Supreme Court of Florida
...Although the law recognizes a right to appeal, this does not preclude the State from prescribing reasonable prerequisites to the exercise of the right. Customarily a time limitation is placed on the right to appeal. In Florida criminal cases this right must be exercised within 90 days from the time of judgment or sentence. Section 924.09, Florida Statutes, F.S.A.; Rule 6.2 F.A.R., 31 F.S.A....
CopyCited 12 times | Published | Supreme Court of Florida
...The appeal was evidently taken by the County Solicitor on behalf of the Sheriff, who was a party to the action. In Snell v. Mayo, as Prison Custodian of the State, Fla. 1955,
80 So.2d 330, this Court held that an appeal, by the petitioner seeking release by habeas corpus proceedings, from an order of remand was governed by Section
924.09, F.S.A....
...1950,
45 So.2d 190, is hereby receded from, and our holding in Snell v. Mayo, as Custodian, Fla. 1955,
80 So.2d 330, that the petitioner for release from custody in habeas corpus proceedings, on appeal from an adverse order of remand, has ninety days to appeal under Section
924.09, F.S.A....
CopyCited 9 times | Published | Supreme Court of Florida | 1992 WL 246494
...The Florida law forming the basis of this proposal is found in article V, sections 4 and 5, Constitution of Florida, concerning the right of appeal from a judgment of conviction; section
924.06, Florida Statutes, specifying when a defendant may take an appeal; section
924.09, Florida Statutes, and Florida Criminal Appellate Rule 6.2 concerning the time for taking appeals by a defendant in criminal cases; and section
948.011, Florida Statutes, providing for a sentence of a fine and probation as to imprisonment....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...raised nor argued. On initially reviewing the record herein, it appeared that appellant could not seek direct review of the judgment of conviction since the June 6, 1968 hearing was a resentencing procedure. The controlling statute in this regard is § 924.09, Fla....
...entered, except that an appeal by a person who has not been granted probation may be taken from both judgment and sentence within ninety days after the sentence is entered." Our research has disclosed no Florida case directly on point in construing § 924.09, Fla....
...As the original sentencing on August 5, 1965, was "invalid" and as appellant was not properly and "validly" sentenced until June 6, 1968, it would appear that the judgment of guilty rendered on August 5, 1965, is now reviewable by the plain meaning of § 924.09, Fla. Stat. 1967, F.S.A. As § 924.09, Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 152 Fla. 316, 1943 Fla. LEXIS 902
...Cheney, on June 17, 1942, was convicted in the Circuit Court of Suwannee County, Florida, of the crime of larceny of cattle and for said offense sentenced by the trial court to serve a stated period at hard labor in the Florida State Prison. On September 15, 1942, within the ninety day period provided for by Section 924.09, Florida Statutes 1941, petitioner Cheney entered his appeal from the sentence and judgment of conviction entered in the Circuit Court of Suwannee County, Florida, to the Supreme Court of the State of Florida....
...appeal transferred "jurisdiction to hear and consider the merits of the application to the Supreme Court of Florida. While the appeal was taken by petitioner within the .ninety day period *320 after entry of sentence and judgment, as provided for by Section 924.09, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...at time and that although this notice of appeal was directed to the denial of his motion for new trial, resort to the supporting documents, such as the assignments of error, clearly indicated that the appeal was from the conviction and sentence. See Section 924.09 Florida Statutes (1965) and Florida Appellate Rule 1962 Revision 3.2(b)....
CopyCited 4 times | Published | Supreme Court of Florida | 154 Fla. 505, 1944 Fla. LEXIS 746
substantial compliance with the enumerated statutes. Section
924.09, Fla. Stats. 1941 (F.S.A.) limits the time
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...e motion for new trial as having been timely filed. However, I am convinced, after a diligent search of the authorities, that the present decisions of the Supreme Court leave me no alternative but to reluctantly concur in the opinion. NOTES [1] F.S. § 924.09, F.S.A....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 305, 2011 Fla. LEXIS 1483, 2011 WL 2472990
...imited to, the placement of the provisions authorizing belated appeals, the need for cross-referencing the corresponding rules to the extent the rules remain in both the criminal and appellate rules, and time limits for seeking a belated appeal. See § 924.09, Fla....
CopyCited 1 times | Published | Supreme Court of Florida
The time for appeal has not yet expired. Section 924.-09, Florida Statutes, F.S.A., and Rule 6.2, Florida
CopyCited 1 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 30, 2008 Fla. LEXIS 2436, 2008 WL 5396709
...d to, the placement of the provisions authorizing belated appeals, the need for cross-referencing *164 the corresponding rules to the extent the rules remain in both the criminal and appellate rules, and time limits for seeking a belated appeal. See § 924.09, Fla....
CopyPublished | District Court of Appeal of Florida
...1947,
40 So.2d 360 , as permitting a review of an order granting a new trial. There are many different appeal periods prescribed in the Florida Statutes, among which are: § 39.14(2), providing 10 days in juvenile matters; § 83.27, providing 2 days in landlord and tenant proceedings; §
924.09, providing 90 days in criminal matters; § 932.53, providing 30 days on appeals from Justice of the Peace courts....
CopyPublished | District Court of Appeal of Florida | 1964 Fla. App. LEXIS 3744
WHITE, Judge. The state has moved to dismiss this criminal appeal on the ground that the notice of appeal was untimely filed. Such appeals must be filed within 90 days from the time of judgment or sentence. Fla.Stat. § 924.09, F.S.A., 1 Rule 6.2, F.A.R., 31 F.S.A....
...tate from prescribing reasonable prerequisites to the exercise of the right. Customarily a time limitation is placed on the right to appeal. In Florida criminal cases this right must be exercised within 90 days from the time of judgment or sentence. Section 924.09, Florida Statutes, F.S.A.; Rule 6.2 F.A.R., 31 F.S.A....
CopyPublished | Florida 3rd District Court of Appeal
...The Court of Appeal of the Third District stated: “ * * * There are many different appeal periods prescribed in the Florida Statutes, among which are: § 39.14 (2), providing 10 days in juvenile matters ; § 83.27, providing 2 days in landlord and tenant proceedings; § 924.09, providing 90 days in criminal matters; § 932.53, providing 30 days on appeals from Justice of the Peace courts....
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 527, 1999 Fla. LEXIS 1988, 1999 WL 1029286
...The Florida law forming the basis of this proposal is found in article V, sections 4 and 5, Constitution of Florida, concerning the right of appeal from a judgment of conviction; section
924.06, Florida Statutes, specifying when a defendant may take an appeal; section
924.09, Florida Statutes, and Florida Criminal Appellate Rule 6.2 concerning the time for taking appeals by a defendant in criminal cases; and section
948.011, Florida Statutes, providing for a sentence of a fíne and probation as to imprisonment....
CopyPublished | District Court of Appeal of Florida | 1964 Fla. App. LEXIS 4240
...a jurisdictional prerequisite to an appellate court’s power to act. * * * Customarily a time limitation is placed on the right to appeal. In Florida criminal cases this right must be exercised within 90 days from the time of judgment or sentence. Section 924.09, Florida Statutes, F.S.A.; Rule 6.2 *895 F.A.R., 31 F.S.A....
CopyPublished | District Court of Appeal of Florida | 1960 Fla. App. LEXIS 2439
cases an appeal period of 90 days as specified by §
924.09, Fla.Stat., F.S. A., and rule 6.2, F.A.R.; for
CopyPublished | District Court of Appeal of Florida | 1962 Fla. App. LEXIS 3091
...ance with Rule 6.4, Florida Appellate Rules, 31 F.S.A. The motion to dismiss the appeal is denied. It is so ordered. . The ninety day jurisdictional period to perfect such an appeal is established by Rule 6.2, Florida Appellate Rules, 31 F.S.A., and § 924.09 Fla.Stat., F.S.A.
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6151
...On November 21, 1967, defendant presented a petition for “reinstatement and modifications of probation” which the trial court denied and thereupon entered its order confining him in the state penitentiary for a period of five years. The defendant has appealed therefrom. See Fla.Stat. § 924.09, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 5283
must dismiss the appeal ex mero motu. F.S. Section
924.09, F.S.A. provides: “924.09 When appeal to be
CopyPublished | District Court of Appeal of Florida
...“(2) Appeals under this section* shall be taken, and filed within thirty-days from and after rendition of the the judgment appealed from.” .* * * * By way of recapitulation, we have the possible application of three different appeal times to the situation at hand: (1) The Florida Appellate Rules and § 924.09 Fla.Stat., F.S.A....
...This case held that the time for taking appeals is a purely legislative matter and not subject to regulation by that court. We may thus eliminate so much of petitioner’s contentions as urge that the Florida Appellate Rules are controlling. We also reject the applicability of •§ 924.09, Fla.Stat., F.S.A., (providing that ■criminal appeals must be taken within 90 days) in that violations of local laws, ordinances and regulations do not constitute crimes....
...ction to try all offenses against ordinances * * * and * * * the charter may confer appellate jurisdiction * * . The pertinent section of Chapter 924, Fla.Stat., F.S.A. (a part of Title 45 which is labeled “Criminal Procedure”) is as follows: “924.09 When appeal to be taken by defendant....
CopyPublished | Florida 1st District Court of Appeal
after the entry of the order appealed. Fla. Stat. §
924.09, F.S.A. The order denying relief under the rule
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 244, 2005 Fla. LEXIS 615, 2005 WL 774834
...The Florida law forming the basis of this proposal is found in article' V, sections 4 and 5, Constitution of Florida, concerning the right of appeal from a judgment of conviction; section
924.06, Florida Statutes, specifying when a defendant may take an appeal; section
924.09, Florida Statutes, and Florida Criminal Appellate Rule 6.2 concerning the time for taking appeals by a defendant in criminal cases; and section
948.011, Florida Statutes, providing for a sentence of a fine and probation as to imprisonment....
CopyPublished | Supreme Court of Florida | 1955 Fla. LEXIS 3494
...n 924.10, Fla.Stat.1953, F.S.A. We can see no difference in principle where the petitioner is the appealing party. Since the appeal in the instant case was filed within ninety days- of the date of the entry of the order appealed from, as provided by Section 924.09, Fla.Stat.1953, F.S.A., it was timely filed, and the appellee’s Motion to Dismiss is, therefore, denied....
