RUDOLPH HUTCHINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-06-30
No. 81-1242
Before SCHWARTZ, NESBITT and BASKIN, JJ.
400 So. 2d 190 Florida District Court of Appeal, Third District (1981) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner pursuant to Fla.RApp.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, this court having required response by the State and having considered the record presented and the State’s response and having further determined that it conclusively appears therefrom that petitioner is entitled to no relief, the denial of his motion is affirmed.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Steglich v. Guerrero, 437 So. 2d 209 (Fla. 3d DCA 1983)
    …mother was granted a summary judgment which Guerrero appealed. This court reversed and remanded, finding that material issues of fact existed concerning the putative father’s paternity of the child, precluding summary judgment. Guerrero v. Staglish, 400 So. 2d 190 (Fla. 3d DCA 1981). Upon remand, a hearing was held at which the court heard testimony of Guerrero, the appellant and her husband, Mr. Steglich. This timely appeal was taken following entry of the trial court’s order on appellant’s motion for rehear…
  • Downs v. Racquel King, 703 So. 2d 1116 (Fla. 2d DCA 1997)
    …remedy for a mother to establish paternity, the statute does not preclude an action by a father to adjudicate paternity where necessary to determine certain existing rights. See Kendrick v. Everheart, 390 So. 2d 53 (Fla.1980); Guerrero v. Staglish, 400 So. 2d 190 (Fla. 3d DCA 1981)(recogniz-ing the right of a putative father to couple a request for visitation rights with an action seeking to adjudicate paternity). In the instant case, the issue of paternity must be resolved before there can be a considerat…
  • Est. OF James P. Maher, III v. Iglikova, 138 So. 3d 484 (Fla. 3d DCA 2014)
    …ption’ means the act of creating the legal relationship between parent and child where it did not exist.” § 63.032(3), Fla. Stat. (2010). However, adjudication of paternity merely acknowledges an existing relationship. See e.g. Guerrero v. Staglish, 400 So. 2d 190,191 (Fla. 3d DCA 1981). In addition, it is not within the purview of this Court to expand the meaning of the statute when its language is clear and unambiguous. Accordingly, we hold that the trial court erred when it denied Taran’s motion for summar…

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