Thomas v. State

ON MOTION FOR CERTIFICATION OF QUESTION TO THE FLORIDA SUPREME COURT

Appellant’s appeal from a probation order requiring restitution was pending when she died in a traffic accident on or about March 17, 1995. As a result of appellant’s death during pendency of this appeal, appellant’s counsel filed a motion to abate this appeal ab initio. We grant the motion and abate ab initio this appeal and the underlying prosecution against appellant. Williams v. State, 648 So.2d 313 (Fla. 1st DCA 1995); Bagley v. State, 122 So.2d 789 (Fla. 1st DCA 1960). However, as in the recent case of Clements v.…