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STATE EX REL. ERVIN v. SMITH

No. 32843.

160 So.2d 518 (1964)

STATE of Florida ex rel. Richard W. ERVIN, Attorney General, Relator, v. Sherman N. SMITH, Jr., as Chief Judge, and A.O. Kanner, William P. Allen, George T. Shannon, and Jack F. White, as Judges, of the District Court of Appeal, Second District, State of Florida, Respondents.

Supreme Court of Florida.

Petition for Modification Denied February 12, 1964.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., James W. Kynes, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for relator.

No appearance for respondents.

Robert Luther Hooper, in pro. per.

THORNAL, Justice.

By an original proceeding in prohibition the relator seeks a rule absolute to prevent the respondents from assuming jurisdiction of an appeal in a criminal case.

We must decide whether the timely filing of a notice of appeal is an absolute appellate jurisdictional prerequisite.

On February 20, 1962, Robert L. Hooper was adjudged guilty of the crime of robbery. He was sentenced to a term in the State penitentiary. On May 22, 1962,...

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