OCEANUS MCCALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
OCEANUS MCCALL, APPELLANT,
STATE OF FLORIDA, APPELLEE
374 So. 2d 644
Florida District Court of Appeal, First District (1979)
Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
McCall appeals the summary denial of his 3.850 motion to vacate a judgment and sentence of armed robbery. However, each ground raised could have been or should have been raised on direct appeal. Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977). Further, several of the grounds presented in the motion have been previously raised in prior motions to vacate filed by the appellant. The trial court is not required to entertain successive motions for relief which are based on similar grounds. Fla.R. Crim.P. 3.850.
AFFIRMED.
ERVIN, Acting C. J., and BOOTH and LARRY G. SMITH, JJ., concur.
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Jones v. Holiday Inns, Inc., 407 So. 2d 1032 (Fla. 1st DCA 1981)…upon its own negligence. Spring Lock, supra; Leadership Housing v. T & S Electric, 384 So. 2d 733 (Fla. 4th DCA 1980); University Plaza v. Stewart, 272 So. 2d 507 (Fla.1973); Walter Taft Bradshaw & Associates, P. A. v. Bedsole N. B. C. Homes, Inc., 374 So. 2d 644 (Fla. 4th DCA 1979). It is unclear whether the liability judgment against appellee was based upon appellee’s affirmative negligence or upon appellee’s vicarious liability for appellants’ conduct. The plaintiff, Sapp, sought to recover from appellee…
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Puder v. Raymond Int'l Builders, Inc., 424 So. 2d 78 (Fla. 3d DCA 1982)…Raymond, the potential indemnitor, was negligent, Houdaille Industries, Inc. v. Edwards, 374 So. 2d 490 (Fla.1979); General Portland Land Development Co. v. Stevens, 395 So. 2d 1296 (Fla. 4th DCA 1981); Walter Taft Bradshaw & Associates v. Bedsole, 374 So. 2d 644 (Fla. 4th DCA 1979); see generally Krestow v. Wooster, 360 So. 2d 32 (Fla. 3d DCA 1978); (3) Puder ultimately dismissed all claims against Raymond after failing to present any evidence of Raymond’s negligence or bad faith in connection with the sett…
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Paul N. Howard Co. v. Affholder, Inc., 701 So. 2d 402 (Fla. 5th DCA 1997)…s sought [*404] must be guilty of negligence. Secondly, the party who seeks indemnity is obligated to pay only because of some vicarious, constructive, derivative or technical liability to another. Walter Taft Bradshaw & Associates, P.A. v. Bedsole, 374 So. 2d 644 (Fla. 4th DCA 1979). Assuming that Howard can fulfill the requirements of the first prong, it is impossible for Howard to fulfill the requirements of the second prong. Despite Howard’s allegations to the contrary, Howard cannot be held vicariously,…
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- Ussery v. State, 350 So. 2d 839 (Fla. 1st DCA 1977)