CARLOS SUAREZ, APPELLANT,
v.
MARIANNE SUAREZ, APPELLEE
CARLOS SUAREZ, APPELLANT,
MARIANNE SUAREZ, APPELLEE
375 So. 2d 889
Florida District Court of Appeal, Third District (1979)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
This is an appeal from a final judgment in a dissolution of a twenty-five year marriage. Appellant/husband contends that the trial court erred in awarding appellee/wife the husband’s undivided interest in the marital home as lump sum alimony.
The record on appeal and briefs having been considered and no reversible error having been demonstrated, the judgment appealed is affirmed. See Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Ferriss v. Ferriss, 356 So. 2d 895 (Fla. 1st DCA 1978).
Affirmed.
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State v. Marlow K. Smulowitz, 482 So. 2d 1388 (Fla. 3d DCA 1986)…plies with the requirement that “[t]he facts on which such motion is based should be specifically alleged and the motion sworn to.” Fla.R. Crim.P. 3.190(c)(4). See State v. McIntyre, 303 So. 2d 675, 676 (Fla. 4th DCA 1974); see also State v. Torres, 375 So. 2d 889, 891 (Fla. 3d DCA 1979). Moreover, the state’s “traverse/demurrer” failed to deny any material facts in the case and, accordingly, the trial court was free to rule on the merits of the motion based on the material undisputed facts sworn to below. Se…
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State v. Holder, 400 So. 2d 162 (Fla. 3d DCA 1981)…iled to object to the defect). Rule 3.190(c)(4) also requires that the movant demonstrate that the undisputed facts do not establish a prima facie case of guilt or, alternatively, that they establish a valid defense to the charges. State v. Torres, 375 So. 2d 889 (Fla. 3d DCA 1979); State v. Sedlmayer, 375 So. 2d 887 (Fla. 3d DCA 1979); State v. Huggins, 368 So. 2d 119 (Fla. 1st DCA 1979); Ellis v. State, supra. The defendant’s bald assertion that “the undisputed facts do not establish a prima facie case of…
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State v. Ivory Covington, II, 973 So. 2d 481 (Fla. 3d DCA 2007)…to dismiss an information “should have been summarily denied even in the absence of any response from the State” because the defendant “failed to meet his initial burden of demonstrating the complete absence of any material facts”); State v. Torres, 375 So. 2d 889, 890 (Fla. 3d DCA 1979) (stating that “[o]n its face, the motion to dismiss was legally insufficient and should have been summarily denied by the trial court” where it “fail[ed] to demonstrate that the undisputed material facts do not establish a pr…
Authorities Cited
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- Ferriss v. Ferriss, 356 So. 2d 895 (Fla. 1st DCA 1978)