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Robertson v. Bradford

District Court of Appeal of Florida, Fourth District
Nov 12, 1969
227 So. 2d 346 (Fla. Dist. Ct. App. 1969)

Opinion

No. 2574.

October 6, 1969. Rehearing Denied November 12, 1969.

Appeal from the Circuit Court for Orange County, George E. Adams and Claude R. Edwards, JJ.

Joseph X. DuMond, Jr., Orlando, for appellant.

Benjamin T. Shuman, of Waterhouse Shuman, Orlando, for appellee.


The vista of this appeal extends only to a determination of whether the circuit court for Orange County erred in prohibiting the Municipal Court of the City of Orlando and the municipal judge thereof from exercising jurisdiction or proceeding further in this cause since the appellee, after being charged in municipal court with the offense of driving while under the influence of alcoholic beverages to the extent that his normal faculties were impaired, had made a timely but denied demand for jury trial under F.S. 1967, Section 322.262(4), F.S.A.

We affirm on the authority of Davis v. Smith, District Court of Appeal, 227 So.2d 342, and Robertson v. State of Florida, District Court of Appeal, 227 So.2d 346, both opinions filed October 3, 1969.

The homogeneous nature of these opinions is not disturbed by the municipal judge's concession that there was no authority for impaneling of a jury. The issue of whether the municipal court has the means to provide a jury trial has not been raised for our determination and no expression of such is to be garnered herefrom.

Affirmed.

OWEN, J., concurs.

REED, J., dissents, with opinion.


I dissent on the basis of the views which I heretofore expressed in a dissenting opinion in the case of Davis v. Smith, supra.


Summaries of

Robertson v. Bradford

District Court of Appeal of Florida, Fourth District
Nov 12, 1969
227 So. 2d 346 (Fla. Dist. Ct. App. 1969)
Case details for

Robertson v. Bradford

Case Details

Full title:JOHN ROBERTSON, JUDGE OF THE MUNICIPAL COURT, CITY OF ORLANDO, ORANGE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 12, 1969

Citations

227 So. 2d 346 (Fla. Dist. Ct. App. 1969)