532 28A Words and Phrases, Nunc Pro Tunc, 779 et seq. The purpose of a nunc pro tunc order is to supply an omission in the record of action previously done which omission was made through inadvertence or mistake. "Ordered, Adjudged and Decreed that said order Nunc Pro Tunc granting permission to appeal as of March 28, 1956."Ĭasual inspection of the said order discloses that it is not complete but it is vague and indefinite and in present form it orders nothing, in that it fails to show that the court did actually give permission to petitioner to appeal and that through omission or inadvertence the said order was not recorded, nor does it show that permission was given to take the appeal as the statute requires. "This cause coming on to be heard upon the motion for Order Nunc Pro Tunc granting permission as of Mafor Petitioner, McKinley Freeman, to appeal from this Court's Order Quashing Writ of Habeas Corpus, it is, therefore, upon consideration thereof, In response to the motion to dismiss appellant has filed an alleged nunc pro tunc order as follows: We are confronted with a motion to dismiss the appeal because it was not authorized by the trial court as provided by Section 79.11, Florida Statutes, F.S.A. This appeal was prosecuted from the order or remand. The writ was issued March 27, the charge was investigated, the writ was quashed and appellant was remanded to the custody of the Sheriff of Hillsborough County. Thereafter appellant filed petition for writ of habeas corpus in the Circuit Court of Hillsborough County. After said hearing a rendition warrant was issued by the Governor of Florida ordering the arrest of appellant pursuant to the warrant of extradition of the Governor of Alabama. March 6, 1956, Honorable James Folsom, Governor of Alabama, transmitted to the Governor of Florida a requisition for extradition of appellant and on March 16, 1956, a hearing under Section 941.04, Florida Statutes, F.S.A., was conducted by the Governor of Florida, at which appellant was represented by counsel. He was placed in jail at Tampa, Hillsborough County, where he is still held in custody by appellee as Sheriff of Hillsborough County. He was at large until February 1956, when he was apprehended and taken in custody at Haines City, Florida. ![]() Punishment of life imprisonment in the Alabama penitentiary was imposed wherein he was confined August 29, 1946, and from which he escaped April 10, 1953. ![]() August 20, 1946, appellant was tried and convicted of "murder, first degree," in the Circuit Court of Randolph County, Alabama.
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