KEITH WILLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1981-09-24
No. AE-269
SHAW and THOMPSON, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.
403 So. 2d 1149 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the lower court’s dismissal of appellant’s Motion for Mitigation and Sentence Reduction without prejudice to file a more properly drafted motion pursuant to Fla.R.Crim.P. 3.850. See Catlett v. State, 367 So. 2d 735 (Fla. 4th DCA 1979), and Swain v. State, 355 So. 2d 865 (Fla. 1st DCA 1978).

Affirmed.

SHAW and THOMPSON, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.


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  • Preferred Mut. Ins. Co. v. Martinez, 643 So. 2d 1101 (Fla. 3d DCA 1994)
    …rd demonstrates that Preferred Mutual has not waived its right to appraisal: Preferred Mutual has not acted inconsistently with that right at any point in these proceedings. U.S. Fire Ins. Co., 443 So. 2d at 172; Balboa Ins. Co. v. W.G. Mills, Inc., 403 So. 2d 1149 (Fla. 2d DCA 1981); see Coral 97 Assoc., Ltd. v. Chino Elec., Inc., 501 So. 2d 69 (Fla. 3d DCA 1987). In this ease, Preferred Mutual properly moved to compel appraisal (arbitration) in response to the insureds’ complaint. The trial court erred in de…
  • Paine v. Lucas, 411 So. 2d 1369 (Fla. 5th DCA 1982)
    …ord Motor Company v. Nelson, 355 So. 2d 158 (Fla. 4th DCA 1978) (order striking affirmative defense); Whiteside v. Johnson, 351 So. 2d 759 (Fla. 2d DCA 1977) (order denying motion to dismiss). . See, e.g., Balboa Insurance Co. v. W. G. Mills, Inc., 403 So. 2d 1149 (Fla. 2d DCA 1981); R. W. [*1372] Roberts Constr. Co., Inc. v. Master and Co., Inc., 403 So. 2d 1114 (Fla. 5th DCA 1981); Marthame Sanders and Co. v. 400 West Madison Corp., 401 So. 2d 1145 (Fla. 4th DCA 1981); McAllister v. Girous, 401 So. 2d 908 (…
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  • In re the Adoption OF D.P.P. v. C.P., 158 So. 3d 633 (Fla. 5th DCA 2014)
    …REVERSED and REMANDED for further proceedings. TORPY, C.J. and EVANDER, J., concur. . The miscaptioning of the petition to adopt is insignificant. A pleading is not governed by its label, but by its substance. Balboa Ins. Co. v. W.G. Mills, Inc., 403 So. 2d 1149, 1151 (Fla. 2d DCA 1981) (citing Sodikoff v. Allen Parker Co., 202 So. 2d 4 (Fla. 3d DCA 1967)). . The adoption decree was consistent with the intent of the Legislature set forth in section 63.022, Florida Statutes (2012), which provides, in part:…

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