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Maybusher v. State

Supreme Court of Florida
Jun 22, 2006
935 So. 2d 1 (Fla. 2006)

Opinion

Case No. SC06-640.

June 22, 2006.


The petition to invoke all writs jurisdiction is dismissed for lack of jurisdiction. See St. Paul Title Ins. Corp. v. Davis, 392 So. 2d 1304, 1305 (Fla. 1980) (stating Article V, Section 3(b)( 7) of the Florida Constitution does not give this Court expanded appellate jurisdiction, and a petitioner may not seek its "all writs" power as an independent basis for jurisdiction.See also Byrd v. State, 880 So. 2d 616, 617 (Fla. 2004) (concurring opinion by single DCA judge is not the opinion of the court and the Supreme Court lacks jurisdiction to review);Jenkins v. State, 385 So. 2d 1356, 1359 (Fla. 1980) ("the language and expressions found in a dissenting or concurring opinion cannot support jurisdiction under section 3(b)(3) because they are not the decision of the district court of appeal"). WELLS, ANSTEAD, LEWIS, CANTERO and BELL, JJ., concur.


Summaries of

Maybusher v. State

Supreme Court of Florida
Jun 22, 2006
935 So. 2d 1 (Fla. 2006)
Case details for

Maybusher v. State

Case Details

Full title:RONALD WALTER MAYBUSHER, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Jun 22, 2006

Citations

935 So. 2d 1 (Fla. 2006)