STATE EX REL. SEBERS v. McNULTY

No. 47215.

326 So.2d 17 (1975)

STATE of Florida ex rel. Aaron A. Sebers, Relator, v. Hon. Joseph P. McNULTY, As Chief Judge, et al., Respondents.

Supreme Court of Florida.

Rehearing Denied September 17, 1975.


Attorney(s) appearing for the Case

Philip J. Padovano, Ruiz & Padovano, St. Petersburg, for relator.

Robert L. Shevin, Atty. Gen., and Robert Landry and George R. Georgieff, Asst. Attys. Gen., for respondents.


ENGLAND, Justice.

Relator has filed a suggestion for a writ of prohibition seeking to prevent further prosecution of an appeal pending before the Second District Court of Appeal on the grounds that (i) the appeal was untimely filed and (ii) the order granting mistrial was not appealable.

On December 5, 1974, Relator was tried in the Pinellas County Circuit Court for the offense of robbery, and found guilty by the jury. During the trial his attorney moved for...

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