GREGORY LAWRENCE ZATLER A/K/A GREGORY ZATLER A/K/A GREGORY HI WRIGHT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1979-03-06
No. 79-238
Before HAVERFIELD, C. J., and HEN-DRY and SCHWARTZ, JJ.
368 So. 2d 101 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner pursuant to Fla.R.App.P. 9.140(g) having taken this appeal from the summary denial of his motion for post-conviction relief under Fla.R.Crim.P. 3.850 and this court having considered the record presented and having further determined that it conclusively appears therefrom that petitioner is entitled to no relief, the denial of his motion is affirmed.

Affirmed.


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  • Francisco v. Victoria Marine Shipping, Inc., 486 So. 2d 1386 (Fla. 3d DCA 1986)
    …rity to control its own interlocutory orders prior to the entry of final judgment. North Shore Hosp., Inc. v. Barber, 143 So. 2d 849, 851 (Fla.1962); accord Travelers Indem. Co. v. Walker, 401 So. 2d 1147, 1149 n. 3 (Fla. 3d DCA 1981); Marx v. Redd, 368 So. 2d 101 (Fla. 4th DCA 1979). In Commercial Garden Mall v. Success Academy, Inc., 453 So. 2d 934 (Fla. 4th DCA 1984), the fourth district court, citing Barber, held that, while a non-final (interlocutory) order is not "subject” to a petition for rehearing (i…
  • Nardi v. Nardi, 390 So. 2d 438 (Fla. 3d DCA 1980)
    …lieve that Rule 1.540(b)(1), which provides that a judgment may be set aside when entered by “mistake” applies to this situation. See, Viking General Corp. v. Diversified Mortgage Investors, 387 So. 2d 983, 985 (Fla. 2d DCA 1980); cf., Marx v. Redd, 368 So. 2d 101 (Fla. 4th DCA 1979). We need not decide whether the premature entry also rendered the default "void” under Rule 1.540(b)(4), as was indicated in Gustafson v. McDade, supra; Pinon v. Pollard, supra and Poindexter v. Marshall, supra; see, Overholser v…
  • Viking Gen. Corp. v. Diversified Mortg. Invs., 387 So. 2d 983 (Fla. 2d DCA 1980)
    …n Danner, the court found that the rule did not contemplate a miscalculated reliance by a party upon a representation of the other party. Mistakes contemplated by the rule include the court’s inadvertent signing of an incorrect order. Marx v. Reed, 368 So. 2d 101 (Fla. 4th DCA 1979). The entry of final judgment under the mistaken belief that the defendant is in default is also a mistake cognizable under the rule. Odum v. Morningstar, 158 So. 2d 776 (Fla. 2d DCA 1963). The types of mistake contemplated are us…

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