STATE v. MASCHEK

No. 62-709.

147 So.2d 574 (1962)

STATE of Florida, Appellant, v. Miriam MASCHEK, Appellee.

District Court of Appeal of Florida. Third District.

December 18, 1962.


Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Leonard R. Mellon and Joseph Durant, Asst. Attys. Gen., for appellant.

Edward P. Swan, Miami, and Robert M. Riddle, Miami Beach, for appellee.

Before PEARSON, TILLMAN, C.J., and BARKDULL and HENDRY, JJ.


BARKDULL, Judge.

The appellee has filed a motion to dismiss this appeal upon the ground that the State failed to serve a copy of the notice of appeal on her, in accordance with the mandatory provisions of F.A.R. 6.6(a), 31 F.S.A. The State also did not avail itself of the provision excusing service because of the address of the appellee being unknown, which procedure is provided for in § 924.13, Fla. Stat., F.S.A.1 In fact, as was...

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