State ex rel. Davis v. Baggett
Citations
- 73 Fla. 36
- 74 So. 16
Syllabus
<p>1. The matter of reinstating a case which has been dismissed for failure of plaintiff in error or appellant to file his brief within the time required by the rules of this court, is addressed to the sound discretion of the court, and in exercising such discretion, it will be influenced to some extent by the nature of the case and the remedy sought by the appeal.</p> <p>2. Where mandamus is sought solely to require an official act to be performed before a certain time, and by reason of delays on the part of plaintiff in error, the act if ordered by this court, could not be performed on or before such time, and the cause has been dismissed by this court for failure of plaintiff in error to file his brief, an application to have the cause reinstated will be denied.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding Rule 24.035 the exclusive remedy for claim that errors in pre-sentencing report resulted in a harsher sentence than should have received
- noting the defendant claimed plea court erred in that the pre-sentence investigation report “resulted in a harsher sentence than [he] should have received”
Source: CourtListener parenthetical corpus (CC0).
Judges: Browne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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