STEVIE T. STEYERSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
STEVIE T. STEYERSON, PETITIONER,
STATE OF FLORIDA, RESPONDENT
997 So. 2d 1251
Florida District Court of Appeal, Fifth District (2009)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We deny the petition of Stevie T. Steverson for a writ of habeas corpus. In fairness, however, we invite the attention of the parties to newly adopted rule 9.141(c)(6), Florida Rules of Appellate Procedure. See Sims v. State, 998 So. 2d 494, 2008 WL 4354880 (Fla. Sept. 25, 2008).
DENIED.
SAWAYA, MONACO and EVANDER, JJ., concur.
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Bland v. Green Acres Grp., L.L.C., 12 So. 3d 822 (Fla. 4th DCA 2009)…ts, Inc., 701 So. 2d 1234 (Fla. 4th DCA 1997), predated the Florida Supreme Court's opinion in Seifert, 750 So. 2d 633, which held that a party seeking to enforce an arbitration clause must do so affirmatively. See Bojadzijev v. Roanoke Tech. Corp., 997 So. 2d 1251, 1253 (Fla. 5th DCA 2009). See also Lipcon v. Underwriters at Lloyd's, London, 148 F. 3d 1285, 1290 (11th Cir.1998) (otherwise proper motion to dismiss based on forum selection clause properly brought under Fed.R.Civ.P. 12(b)(3) (improper venue), no…
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Fields v. Beneficial Fla., Inc., 208 So. 3d 278 (Fla. 5th DCA 2016)…s on the rule applicable to default judgments and argues that Beneficial’s motion should have been denied because Beneficial failed to argue due diligence in its affidavit seeking relief under rule 1.540(b)(1). See Bojadzijev v. Roanoke Tech. Corp., 997 So. 2d 1251, 1253 (Fla. 5th DCA 2009) (requiring that party seeking relief from a default judgment show (1) excusable neglect, (2) a meritorious defense, and (3) due diligence in seeking relief). Fields concedes, however, that he has identified no case law appl…
Authorities Cited
- Helmich v. Wells Fargo Bank, N.A., 136 So. 3d 763 (Fla. 1st DCA 2014)
- Sims v. State, 998 So. 2d 494 (Fla. 2008)