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

View Entire Chapter

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.

F.S. 924.37 on Google Scholar

F.S. 924.37 on CourtListener

Amendments to 924.37

Annotations, Discussions, Cases:

Cases Citing Statute 924.37

Total Results: 5 | Sort by: Relevance | Newest First

Copy

State v. Digman, 294 So. 2d 325 (Fla. 1974).

Cited 13 times | Published | Supreme Court of Florida

...qualified was erroneous, *327 and is hereby reversed and the cause is remanded to the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, which shall permit the defendant to be tried on the reinstated indictment, pursuant to F.S. § 924.37(1), F.S.A....

Copy

State v. Jones, 488 So. 2d 527 (Fla. 1986).

Cited 5 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 215

...The accused has a right to a hearing and to be represented by counsel. State v. Hicks, 478 So.2d 22 (Fla. 1985). An affidavit charging such criminal offense is a charging document equivalent to an indictment or information. 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....

Copy

Fain v. Duff, 364 F. Supp. 1192 (M.D. Fla. 1973).

Published | District Court, M.D. Florida | 1973 U.S. Dist. LEXIS 15389

...arrest for Volusia County Officials on that account at least until after conviction. [4] It is clear that petitioner will be returned to Volusia County for trial based on the indictment unless the Florida Supreme Court reverses itself. 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 ....

Copy

Cherry v. State, 572 So. 2d 521 (Fla. 1st DCA 1991).

Published | Florida 1st District Court of Appeal | 1990 WL 178649

...Since we reverse and remand for a new trial, we find it unnecessary to address the issue raised on cross-appeal by the state. AFFIRMED in part, REVERSED in part, and REMANDED for a new trial. WIGGINTON, MINER and WOLF, JJ., concur. ON MOTION FOR REHEARING PER CURIAM. We find that section 924.37(2), Florida Statutes (1989), is inapplicable to the case at issue....

Copy

Diecidue v. State, 119 So. 2d 803 (Fla. Dist. Ct. App. 1960).

Published | District Court of Appeal of Florida | 1960 Fla. App. LEXIS 2487

...In so ruling, however, we do not alter the validity of appellant’s conviction. The jury found the appellant guilty, as noted above, in spite of the instruction which was unnecessarily burdensome to the state. Our discussion of the cross-appeal is authorized by section 924.37(2), Florida Statutes, F.S....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.