City of Miami v. Warner

Miami-Dade County Circuit Court

City of Miami v. Warner

29 Fla. Supp. 76

CourtCircuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County

DecidedSeptember 29, 1967

DocketNo. 6215

StatusPublished

This text of 29 Fla. Supp. 76 (City of Miami v. Warner) is published on Counsel Stack Legal Research, covering Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Miami v. Warner, 29 Fla. Supp. 76 (Fla. Super. Ct. 1967).

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Opinion

DAVID POPPER, Circuit Judge.

The appellant was arrested on two counts pursuant to an affidavit of P. Saunders, a city fire inspector, the arrest being made pursuant to the city’s Fire Code Ordinance No. 7431, sections 10e, 10f, lie and 11g.

The cases were heard on March 12, 1967 before the Honorable Richard Hickey, municipal judge. The defendant through his attorney filed a motion to quash on the ground that the charges were defective and did not allege offenses under Ordinance No. 7431. The trial judge agreed that the charge was' defective, but allowed the city prosecutor to amend the charges over the most strenuous objections of defendant’s counsel.

The point raised on appeal was the fact that the trial judge erred in allowing the city prosecutor to amend the warrants and docket without first having the warrants refiled, re-sworn and refiled.

The court having heard argument of counsel on this sole point agrees that the trial judge erred, and that the warrants should have been refiled, re-sworn and refiled. The judgment, conviction and sentence of the lower court are accordingly reversed.

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DAVID POPPER, Circuit Judge.

The appellant was arrested on two counts pursuant to an affidavit of P. Saunders, a city fire inspector, the arrest being made pursuant to the city’s Fire Code Ordinance No. 7431, sections 10e, 10f, lie and 11g.

The cases were heard on March 12, 1967 before the Honorable Richard Hickey, municipal judge. The defendant through his attorney filed a motion to quash on the ground that the charges were defective and did not allege offenses under Ordinance No. 7431. The trial judge agreed that the charge was' defective, but allowed the city prosecutor to amend the charges over the most strenuous objections of defendant’s counsel.

The point raised on appeal was the fact that the trial judge erred in allowing the city prosecutor to amend the warrants and docket without first having the warrants refiled, re-sworn and refiled.

The court having heard argument of counsel on this sole point agrees that the trial judge erred, and that the warrants should have been refiled, re-sworn and refiled. The judgment, conviction and sentence of the lower court are accordingly reversed.

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Bluebook (online)

29 Fla. Supp. 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-warner-flacirct11mia-1967.