Ramon LOPEZ, Petitioner,
v.
STATE of Florida, Respondent.
Supreme Court of Florida.
Mark King Leban of the Law Offices of Mark King Leban, P.A., Miami, and Arturo Alvarez, Coral Gables, for petitioner.
Robert A. Butterworth, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., Miami, for respondent.
James Marion Moorman, Public Defender and Deborah K. Brueckheimer, Asst. Public Defender, Tenth Judicial Circuit, Bartow, amicus curiae for Florida Public Defender Ass'n.
William J. Sheppard and Elizabeth L. White of Sheppard and White, P.A., Jacksonville, amicus curiae for The Florida Ass'n of Crim. Defense Lawyers.
Elliot H. Scherker of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, amicus curiae for Florida Ass'n of Crim. Defense Lawyers Miami Chapter.
GRIMES, Chief Judge.
We review State v. Lopez,
Lopez was charged with murder and other crimes. He moved to suppress statements made to law enforcement officers over a period of two days. His motion to suppress was granted in part, and the State took an interlocutory *932 appeal from the order of suppression. Lopez sought to cross-appeal from that portion of the order which denied his motion to suppress with respect to his remaining statements. The district court of appeal granted the State's motion to dismiss the cross-appeal. The court held that it had no jurisdiction to entertain a cross-appeal of a defendant from that portion of the order which denied the defendant's pretrial motion to suppress.
It is clear that a defendant in a criminal case does not have the right to an interlocutory appeal. Fla.R.App.P. 9.140(b). See State ex rel. Shevin v. Pierce,
Notwithstanding, the Third and Fourth District Courts of Appeal thereafter rendered several decisions which refused to permit a defendant to cross-appeal under similar circumstances. State v. Roberts,
Thereafter, in State v. Williams,
More recently, the Fifth and Second District Courts of Appeal reached the opposite conclusion in McAdams and Waterman. According to McAdams, cross-appeals are not jurisdictional, and rule 9.140 provided sufficient authority to authorize a cross-appeal from an interlocutory order in a criminal case.
At the outset, we agree that the filing of a notice of cross-appeal is not jurisdictional. Safeco Ins. Co. v. Rochow,
Accordingly, we hold that when the State files an appeal from a nonfinal order in a criminal case, the defendant may file a cross-appeal on any related issue which was resolved in the same order from which the State is appealing. We approve the decisions in McAdams and Waterman and disapprove those in Williams, Roberts, Ferguson, Clark, and DeConingh. We quash the decision below and remand for further proceedings.
It is so ordered.
OVERTON, SHAW, KOGAN and HARDING, JJ., and McDONALD, Senior Justice, concur.
