Florida criminal and traffic law manual
Structure — The first sentence of a summary contains the type of cause appeal, proceeding, cross appeals, etc. When the opinion involves an original proceeding in that court, the first sentence may also contain a statement of the nature of the proceeding. The second and any other sentences contain the balance of the information that summaries traditionally have contained, including relevant decretal portions of the appealable paper and of any orders or judgments brought up for review. Criminal Cases in General — Summaries in criminal cases generally should be formulated in accordance with the following templates: Court of Appeals Cases appeal from an intermediate appellate court : "[First sentence.
See Appendix 8 A 8. Samples — Whenever possible use the Sample Forms of Summaries as a template for summaries. If none of the samples squarely addresses the procedural posture of an opinion, adapt the closest sample to the posture presented. The drafter may also use summaries found in prior Official Reports 2d or 3d series volumes for guidance, but should adapt the format of a prior summary to conform to these General Rules and Sample Forms.
Sample Forms of Summaries: Court of Appeals 1.
Florida criminal and traffic law manual
Lynch, J. Ramos, J. The modification consisted of denying that portion of defendant's motion seeking dismissal on federal preemption and primary jurisdiction grounds. The Appellate Division remanded the matter to Supreme Court for determination of the remaining grounds for defendant's motion. The following question was certified by the Appellate Division: "Was the order of this Court, which modified the order of the Supreme Court, properly made?
Cohen, J. John Sherman, J. Uviller, J. Marlow, J. The County Court had sentenced defendant to a term of five years' probation, to include six months of incarceration in the Dutchess County Jail, directed defendant to pay a fine and administrative fees and to attend a victim impact panel, and required that defendant be placed on an electronic monitor for a period up to one year following his release from jail.
Reargument of Appeal. Reargument of an appeal, taken by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered April 5, Edmead, J. The following question was certified by the Appellate Division: "Was the order of this Court, which reversed the order of the Supreme Court, properly made? Sample Forms of Summaries: Appellate Division 1. Kent, J. The order denied plaintiff's motion for summary judgment granting him a conversion divorce and granted defendant's cross motion for summary judgment dismissing the complaint on the ground that the parties' prenuptial agreement may not serve as a predicate for a conversion divorce.
Emerson, J. The order, insofar as appealed from, granted 1 the motion of defendant County of Suffolk for partial summary judgment dismissing so much of the complaint, insofar as asserted against it, as sought to recover damages based upon alleged events which occurred before January 17, , and 2 that branch of the cross motion of defendant Brunswick Hospital Center which was for summary judgment dismissing the complaint insofar as asserted against it.
The order and judgment granted plaintiffs' motion for summary judgment recognizing and docketing certain foreign country judgments entered in their favor. The order granted defendant's motion for summary judgment and denied plaintiff's cross motion for further discovery.
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Judgment was entered dismissing the complaint. The judgment was entered upon an order of that court Bruce Wright, J.
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McClanahan, J. The decision ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. The decision ruled that claimant sustained a compensable injury and awarded workers' compensation benefits. Porzio, J. Fondacaro, H. Lubow, J. The order adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant had committed acts which, if committed by an adult, would have constituted the crimes of conspiracy in the sixth degree and attempted hazing in the first degree, and placed him in the custody of the New York State Office of Children and Family Services for a period of 12 months, with credit for time spent in detention pending disposition.
The appeal brought up for review a fact-finding order dated January 8, The judgment granted the petition and directed that petitioner's sentences be served concurrently. By decision and order on motion of this Court dated November 12, , the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against the respondent and the issues raised were referred to the Honorable Herbert Altman, as Special Referee, to hear and report.
The judgment convicted defendant, upon a jury verdict, of attempted kidnapping in the second degree. The judgment convicted defendant, after a nonjury trial, of attempted kidnapping in the second degree. The judgment convicted defendant, upon his plea of guilty, of attempted kidnapping in the second degree.
The order granted defendant's motion to dismiss the counts of the indictment charging him with kidnapping in the second degree. The order granted defendant's motion to set aside the sentence imposed upon his conviction of kidnapping in the second degree. The order granted defendant's motion pursuant to CPL The appeal brings up for review an order of that court, entered March 3, , which granted plaintiffs' motion for summary judgment, denied defendant's cross motion for summary judgment dismissing the complaint and granted third-party defendant's cross motion for summary judgment dismissing the third-party complaint.
The determination found that the Unified Court System had committed an improper employer practice. Sample Forms of Summaries: Appellate Term 1.
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James, J. The order denied defendant's motion for summary judgment and granted plaintiff's cross motion for summary judgment on the fifth cause of action and for an order extending his time to file a notice of trial. Rakower, J. The orders denied nonparty tenant's motion to vacate a default judgment in a nonpayment summary proceeding. Acosta, J. The order dated December 20, denied defendant's motion to hold plaintiff and its counsel in contempt. The order dated December 27, granted plaintiff's motion to impose sanctions against nonparty appellant for frivolous conduct as defense counsel. Buggs, J.
Schachner, J. The judgment, after a nonjury trial, awarded possession to petitioner in a nonprimary residence holdover summary proceeding. Weinstein, J. Stephen, J. The orders, upon reargument, granted defendants' motions to dismiss the informations in the interest of justice. Ross, J. Kirke Bartley, Jr. The judgment convicted defendant, after a nonjury trial, of stalking in the fourth degree.
The judgment convicted defendant, upon a jury verdict, of sexual abuse in the third degree. Griffiths, J. The amended judgment convicted defendant, upon his plea of guilty, of criminal contempt in the second degree and resentenced him to a three-year term of probation. The order denied defendant's motion, pursuant to CPL The order entered July 10, , insofar as appealed from, denied those branches of plaintiff's motion that sought 1 to dismiss defendant's counterclaim alleging prima facie tort and her affirmative defenses of statute of limitations and frivolousness, and 2 an award of costs and the imposition of sanctions.
The order entered April 30, , insofar as appealed from, denied the branch of plaintiff's motion that sought renewal. Klein, J. The order granted respondent's motion to dismiss the petition in a holdover summary proceeding. Miller, J. The order granted respondent's motion to dismiss the petition in a holdover summary proceeding and denied petitioner's cross motion for summary judgment.
The judgment convicted defendant, upon a jury verdict, of aggravated unlicensed operation of a motor vehicle in the second degree. Justice Courts Sometimes referred to as a Town or Village Court, these are properly stated as Justice Court of the respective town or village. Schnelwar, J.
The judgment dismissed the action. Abbreviations appellate history used in, Appendix 3 business firms, Appendix 1 case history, 2. Rules capitalization of, Include the court, omitting any information made redundant by the citation itself, pertinent jurisdictional information and year of decision for all full case references, including references to appellate history.
The term "citation in running text" indicates an authority referred to in the text of a sentence, as in the examples below:. The term "citation within parentheses" refers to any citation that appears entirely within parentheses. In a footnote containing text, citations in running text or within parentheses may be used.