ARTHUR R. HUGGINS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1981-07-09
No. YY-281
SHAW, WENTWORTH and THOMPSON, JJ., concur.
400 So. 2d 846 Florida District Court of Appeal, First District (1981) Negative Treatment
Cited by 36 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The Order appealed indicates the trial court did not address or consider that portion of appellant’s motion seeking relief pursuant to Rule 3.850, Fla.R.Crim.P. Therefore, this cause is reversed and remanded to the trial court for consideration of those portions of appellant’s motion which seek to have the judgment and sentence vacated and set aside.

SHAW, WENTWORTH and THOMPSON, JJ., concur.


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  • …plaining or supplementing other evidence and is not sufficient, standing alone, to prove a material fact in issue unless it would be admissible over objection in a civil proceeding. CF Chemicals, Inc. v. Florida Dep’t of Labor & Employment Security, 400 So. 2d 846 (Fla. 2d DCA 1981); § 120.58(l)(a), Fla. Stat. (1991). Additionally, when documentation is offered as the sole evidentiary support for a finding of misconduct, as opposed to explaining or supplementing other evidence relating to such conduct,1 it ca…
  • Verner v. State, 474 So. 2d 909 (Fla. 2d DCA 1985)
    …ons of the appeals referee under section 443.151(4)(c), Florida Statutes (1983), only where the referee’s findings and conclusions are not based on substantial, competent evidence. C.F. Chemicals, Inc. v. Department of Labor and Employment Security, 400 So. 2d 846 (Fla. 2d DCA 1981); Department of Commerce v. Dietz, 349 So. 2d 1226 (Fla. 2d DCA 1977). We find that the referee’s determination is supported by substantial, competent evidence. Therefore, it was improper for the UAC to reweigh the evidence and sub…
  • Sanchez v. Dep't of Labor & Emp. Sec., 411 So. 2d 313 (Fla. 3d DCA 1982)
    …on benefits on the basis of employee misconduct. We must affirm the referee’s determination of misconduct if it is supported by competent, substantial evidence in the record. CF Chemicals, Inc. v. Florida Department of Labor and Employment Security, 400 So. 2d 846 (Fla. 2d DCA 1981); Catholic Social Services v. Florida Department of Commerce, 365 So. 2d 427 (Fla. 1st DCA 1978). Sanchez was employed for a period of approximately four months at Larkin General Hospital in Miami. The record reveals that, aside f…

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