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Henderson v. State

District Court of Appeal of Florida, First District
Jun 9, 1959
114 So. 2d 10 (Fla. Dist. Ct. App. 1959)

Opinion

No. A-402.

May 12, 1959. Rehearing Denied June 3, 1959. On Motion to Strike Petition for Writ of Certiorari June 9, 1959.

Appeal from the Court of Record, Escambia County, Edwin Fleet, J.

Coe Coe, Richard P. Warfield, Pensacola, for appellant.

Richard W. Ervin, Atty. Gen., and Eugene P. Spellman, Asst. Atty. Gen., for appellee-movant.


Affirmed.

STURGIS, C.J., and CARROLL, DONALD K., and WIGGINTON, JJ., concur.


On Motion to Strike Notice of Intention to Petition Supreme Court for Writ of Certiorari.


It appearing that appellant failed within the time prescribed by Florida Appellate Rule 4.5(c) (6), 31 F.S.A., to file in this court notice of intention to petition the Supreme Court for writ of certiorari to review the decision of this court in this cause, the untimely notice of such intention is a nullity and an order will be entered striking it from the record. See Atkinson v. State, Fla.App., 109 So.2d 581.

STURGIS, C.J., and CARROLL, DONALD, K., and WIGGINTON, JJ., concur.


Summaries of

Henderson v. State

District Court of Appeal of Florida, First District
Jun 9, 1959
114 So. 2d 10 (Fla. Dist. Ct. App. 1959)
Case details for

Henderson v. State

Case Details

Full title:AUGUST MILLER HENDERSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 9, 1959

Citations

114 So. 2d 10 (Fla. Dist. Ct. App. 1959)