346 So. 2d 1081

Gregory Alan BENZ, Appellant, v. STATE of Florida, Appellee.

No. CC-253.

District Court of Appeal of Florida, First District.

June 10, 1977.

John R. Nettles, Port Charlotte, for appellant.

Robert L. Shevin, Atty. Gen., Jeanne Dawes Schwartz, Charles F. McClamma, and Michael H. Davidson, Asst. Attys. Gen., for appellee.

PER CURIAM.

By prior order of this Court this case was scheduled for oral argument on May 26, 1977. Prior to oral argument, the Court discovered its jurisdiction to be questionable and thereupon issued an order directing the parties to be prepared to argue the jurisdictional issue at the same time argument on the merits had been scheduled. Having now considered the record, briefs and oral argument of counsel, the Court determines that if the Court had jurisdiction affirmance would nevertheless be required because appellant has failed to demonstrate prejudicial error. However, we may not reach that point because we determine that as a result of untimely filing of the notice of appeal jurisdiction has never vested in this Court. Accordingly, this case is dismissed for want of jurisdiction.

BOYER, C. J., MILLS & ERVIN, JJ., concur.

Benz v. State
346 So. 2d 1081

Case Details

Name
Benz v. State
Decision Date
Jun 10, 1977
Citations

346 So. 2d 1081

Jurisdiction
Florida

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