State v. A.M.C.
The Second DCA addressed its own appellate jurisdiction sua sponte in a State appeal from an order granting a juvenile's motion to dismiss a delinquency petition. Although the order did not itself 'dismiss' the petition (as the statute and rule literally require), the court joined its sister districts in holding such orders are appealable by the State under section 985.534(1)(b)1 and rule 9.145(c)(1)(A).
Key facts
- A juvenile was charged with delinquency; the trial court granted the juvenile's motion to dismiss the delinquency petition.
- The State appealed the dismissal order; the Second DCA sua sponte addressed whether it had appellate jurisdiction over an order granting (rather than entering) a dismissal.
- +1 more key fact with a free trial
Why it matters
This opinion resolves a jurisdictional question that recurs in State appeals of juvenile delinquency dismissals: whether an order merely granting a motion to dismiss, as opposed to one dismissing the petition itself, is… — full analysis with a trial
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