JOSE GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-05-19
No. 80-1741
Before HUBBART, C. J., and BARK-DULL and NESBITT, JJ.
399 So. 2d 35 Florida District Court of Appeal, Third District (1981) Caution
Cited by 46 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Hargrett v. State, 255 So. 2d 298 (Fla. 3d DCA 1971); Wetherington v. State, 263 So. 2d 294 (Fla. 3d DCA 1972); Garmise v. State, 311 So. 2d 747 (Fla. 3d DCA 1975); Codie v. State, 313 So. 2d 754 (Fla.1975); Bristow v. State, 338 So. 2d 553 (Fla. 3d DCA 1976); Atkinson v. State, 378 So. 2d 324 (Fla. 3d DCA 1980); Teague v. State, 390 So. 2d 405 (Fla. 5th DCA 1976); Bassett v. State, 392 So. 2d 1025 (Fla. 5th DCA 1981); Knight v. State, 394 So. 2d 997 (Fla. 3d DCA 1981); Fla.R.Crim.P. 3.390(d).


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Cited By (25 total)

  • Abruzzo v. Haller, 603 So. 2d 1338 (Fla. 1st DCA 1992)
    …Emery, 579 So. 2d 798 (Fla. 1st DCA 1991). Therefore, the standard of review as to the dismissal of Count I of Abruzzo’s amended complaint is whether the trial court abused its discretion. Abruzzo must show clear error for reversal. Kelner v. Woody, 399 So. 2d 35 (Fla. 3d DCA 1981). A “declaratory judgment is not available to settle factual issues bearing on liability under a contract which is clear and unambiguous and which presents no need for its construction.” Medical Center Health Plan v. Brick, 572 So…
  • Olive v. Maas, 811 So. 2d 644 (Fla. 2002)
    …ing declaratory relief as to counts I and II. See, e.g., Travelers Ins. Co. v. Emery, 579 So. 2d 798, 800 (Fla. 1st DCA 1991) (concluding that a trial court’s decision to grant declaratory relief should be accorded great deference); Kelner v. Woody, 399 So. 2d 35, 37 (Fla. 3d DCA 1981) (same). We now proceed to analyze the substance of the claims presented. Capped Fee Schedule In 1998, the Legislature enacted sections 27.710 and 27.711 which, as previously explained, provide for the maintenance of a regist…
  • Palumbo v. Moore, 777 So. 2d 1177 (Fla. 5th DCA 2001)
    …sell, P.A., 742 So. 2d 381, 383 (Fla. 4th DCA 1999). To be entitled to declaratory relief, a party must show he is in doubt as to some right or status and that he is entitled to have such doubt removed. § 86.021, Fla. Stat. (2000); Kelner v. Woody, 399 So. 2d 35, 37 (Fla. 3d DCA 1981). The standard for testing the sufficiency of a declaratory judgment complaint is found in May v. Holley, 59 So. 2d 636, 639 (Fla.1952): Before any proceeding for declaratory relief should be entertained it should be clearly m…

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