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JENKINS v. LYLES

No. 38356.

223 So.2d 740 (1969)

Eli S. JENKINS, Petitioner, v. Hon. Woody A. LYLES, As Chief Judge; Hon. William C. Pierce; Hon. Joseph McNulty; Hon. T. Frank Hobson, Jr.; and Hon. Robert Mann, As the Judges of and Constituting the District Court of Appeal, Second District, State of Florida, Respondents.

Supreme Court of Florida.

Rehearing Denied July 8, 1969.

Attorney(s) appearing for the Case

Mark R. Hawes, Tampa, for petitioner.

Earl Faircloth, Atty. Gen., and William D. Roth, Asst. Atty. Gen., for respondents.

DREW, Justice.

The trial court orally granted a motion to quash an information filed against Petitioner. The State filed its Notice of Appeal1 from said oral order but a copy thereof was not served on Petitioner as required by Rule 6.6(a), Florida Appellate Rules, 32 F.S.A., and Section 924.13, Florida Statutes 1967, F.S.A.2 A few days thereafter the trial judge entered a written order dismissing the information...

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