BILLY LIVINGSTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BILLY LIVINGSTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
376 So. 2d 461
Florida District Court of Appeal, First District (1979)
Positive Treatment
Cited by 24 cases
Opinion of the Court
PER CURIAM.
Since the record does not conclusively refute appellant’s claim, the denial of appellant’s motion for post-conviction relief without an evidentiary hearing is reversed and remanded for an evidentiary hearing on appellant’s allegation that his plea was coerced by threats made by his court-appointed attorney. Bryant v. State, 355 So. 2d 497 (Fla. 1st DCA 1978).
ROBERT P. SMITH, Jr., Acting C. J. and ERVIN, J., concur. BOOTH, J., dissents.
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Bambi Lindheimer and Richard Lindheimer v. The ST. Paul Fire & Marine Ins. Co., 643 So. 2d 636 (Fla. 3d DCA 1994)…ce”. The result should not be any different simply because of the locality of the act. (e.s.) Buchanan v. Lieberman, 526 So. 2d 969, 972 (Fla. 5th DCA), review denied, 536 So. 2d 244 (Fla.1988). See also Buckner v. Physicians Protective Trust Fund, 376 So. 2d 461 (Fla. 3d DCA 1979) (insured’s act of conducting a press conference not a “professional service” under policy because act was not embraced in his duty as an investigator). Applying these concepts to the present case, we find that the dentist’s sexua…
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Angell v. DON Jones Ins. Agency Inc., 620 So. 2d 1012 (Fla. 2d DCA 1993)…estion at issue is essentially one of law only and determinable by entry of summary judgment. Kochan v. American Fire & Casualty Co., 200 So. 2d 213 (Fla. 2d DCA), cert. denied, 204 So. 2d 329 (Fla.1967); Buckner v. Physicians Protective Trust Fund, 376 So. 2d 461 (Fla. 3d DCA 1979). Moreover, since that interpretation or construction of such an instrument is a matter of law, an appellate court is not restricted in. its ability to reassess the meaning and effect of a written instrument to reach a conclusion c…
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Psychiatric Assocs. v. ST. Paul Fire & Marine Ins. Co., 647 So. 2d 134 (Fla. 1st DCA 1994)…m that insured physician hospital board members had conspired to injure medical practice of plaintiff physicians did not involve claim of injury resulting from the performance of “professional services”); Buckner v. Physicians Protective Trust Fund, 376 So. 2d 461 (Fla. 3d DCA 1979) .(claim that insured physician acting as investigator for Board of Medical Examiners had slandered plaintiff physicians at press conference alleged an intentional tort which did not arise out of performance of “professional servic…
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- Bryant v. State, 355 So. 2d 497 (Fla. 1st DCA 1978)