State v. Erber

I respectfully dissent. Before this cause is actually transferred to the Eighth Judicial Circuit from the Fifth Judicial Circuit jurisdiction remains in the transferring court. Orders entered by the transferring judge, until transfer is completed, should be ruled on by the District Court of Appeal governing the transferring court: the Fifth District Court of Appeal in this case.

The record establishes that Judge Yawn, a retired judge, was empowered to try this cause as a circuit judge for the Fifth Judicial Circuit. On July 13, 1989, Judge Yawn dismissed Counts III and IV of a multi-count…