SC02-2167 State of Florida v. Alfred J. Wagner

State: Florida

Docket No: SC02-2167

Case Date: 01/08/2004

Preview:Supreme Court of Florida
____________ No. SC02-2167 ____________

STATE OF FLORIDA, Petitioner, vs. ALFRED J. WAGNER, Respondent. [January 8, 2004] BELL, J. We review State v. Wagner, 825 So. 2d 453 (Fla. 5th DCA 2002), which expressly and directly conflicts with State v. Tremblay, 642 So. 2d 64 (Fla. 4th DCA 1994).1 For the reasons that follow, we quash the Fifth District's decision in Wagner and approve the decision of the Fourth District in Tremblay, which held that a signed court status form does not constitute a final, appealable order under the Florida Rules of Appellate Procedure. Our approval of Tremblay, however, is limited to its holding. We disapprove the dicta expressed in that opinion.

1. We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.

I. The State sought to have Alfred Wagner involuntarily committed as a sexually violent predator pursuant to the Jimmy Ryce Act.

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