Florida Statute 924.37 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

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F.S. 924.37

924.37 Order or decision when state appeals.—

(1) When the state appeals from an order dismissing an indictment, information, or affidavit, or a count of it, or an order granting a new trial and the order is affirmed, the appellate court shall direct the trial court to implement the order. If an order dismissing an indictment, information, or affidavit, or a count of it, is reversed, the appellate court shall direct the trial court to permit the defendant to be tried on the reinstated indictment, information, or affidavit. If an order granting a new trial is reversed, the appellate court shall direct that judgment of conviction be entered against the defendant.

(2) A cross-appeal by the state is not jurisdictional. When the state cross-appeals from a ruling on a question of law adverse to the state, the appellate court shall decide the question if it is reasonably capable of repetition in any proceeding.

History.—s. 313, ch. 19554, 1939; CGL 1940 Supp. 8663(326); s. 163, ch. 70-339; s. 8, ch. 96-248.

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Amendments to 924.37

Annotations, Discussions, Cases:

Cases Citing Statute 924.37

Total Results: 5

State v. Digman

294 So. 2d 325

Supreme Court of Florida | Filed: Mar 20, 1974 | Docket: 1736377

Cited 13 times | Published

on the reinstated indictment, pursuant to F.S. § 924.37(1), F.S.A. It is so ordered. ADKINS, C.J., and

State v. Jones

488 So. 2d 527, 11 Fla. L. Weekly 215

Supreme Court of Florida | Filed: May 15, 1986 | Docket: 1685352

Cited 5 times | Published

legislative intent is supported by reference to section 924.37, Florida Statute (1983), which expressly contemplates

Cherry v. State

572 So. 2d 521, 1990 WL 178649

District Court of Appeal of Florida | Filed: Jan 10, 1991 | Docket: 479583

Published

MOTION FOR REHEARING PER CURIAM. We find that section 924.37(2), Florida Statutes (1989), is inapplicable

Fain v. Duff

364 F. Supp. 1192, 1973 U.S. Dist. LEXIS 15389

District Court, M.D. Florida | Filed: Jan 15, 1973 | Docket: 2112432

Published

Florida Supreme Court reverses itself. Fla.Stat. § 924.37(1) F.S.A., (1971) provides that "[w]hen the state

Diecidue v. State

119 So. 2d 803, 1960 Fla. App. LEXIS 2487

District Court of Appeal of Florida | Filed: Apr 1, 1960 | Docket: 60194773

Published

discussion of the cross-appeal is authorized by section 924.37(2), Florida Statutes, F.S. A., and it is strictly