Florida Statutes
Fla. Stat. § 924.37 (2025)
Order or decision when state appeals.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5
cases, 1960–1991 · leading case: State v. Digman, 294 So. 2d 325 (Fla. 1974).
State v. Digman, 294 So. 2d 325 (Fla. 1974). “Accordingly, the order of the trial court granting appellee's motion to dismiss on the basis of the manner in which the grand jury which indicted appellee was drawn and its members qualified was erroneous, *327 and is hereby reversed and the cause is remanded to the Circuit…”
State v. Jones, 488 So. 2d 527 (Fla. 1986). “This view of the legislative intent is supported by reference to section 924.37, Florida Statute (1983), which expressly contemplates appeals by the state from orders dismissing not only indictments and informations but also affidavits.”
Cherry v. State, 572 So. 2d 521 (Fla. 1st DCA 1991). “We find that section 924.37(2), Florida Statutes (1989), is inapplicable to the case at issue.”
Diecidue v. State, 119 So. 2d 803 (Fla. 2d DCA 1960). “Our discussion of the cross-appeal is authorized by section 924.37(2), Florida Statutes, F.S.”
Fain v. Duff, 364 F. Supp. 1192 (M.D. Fla. 1973). “Fla.Stat. § 924.37(1) F.S.A., (1971) provides that “[w]hen the state appeals from an order dismissing an indictment (and the order is reversed), the appellate court shall direct the trial court to permit the defendant to be tried on the reinstated indictment .”
— 924.37(1) — 2 cases
State v. Digman, 294 So. 2d 325 (Fla. 1974). “Accordingly, the order of the trial court granting appellee's motion to dismiss on the basis of the manner in which the grand jury which indicted appellee was drawn and its members qualified was erroneous, *327 and is hereby reversed and the cause is remanded to the Circuit…”
Fain v. Duff, 364 F. Supp. 1192 (M.D. Fla. 1973). “Fla.Stat. § 924.37(1) F.S.A., (1971) provides that “[w]hen the state appeals from an order dismissing an indictment (and the order is reversed), the appellate court shall direct the trial court to permit the defendant to be tried on the reinstated indictment .”
— 924.37(2) — 2 cases
Cherry v. State, 572 So. 2d 521 (Fla. 1st DCA 1991). “We find that section 924.37(2), Florida Statutes (1989), is inapplicable to the case at issue.”
Diecidue v. State, 119 So. 2d 803 (Fla. 2d DCA 1960). “Our discussion of the cross-appeal is authorized by section 924.37(2), Florida Statutes, F.S.”
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