IRA LEE TOSSIE, A/K/A BRUCE TOSSIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
IRA LEE TOSSIE, A/K/A BRUCE TOSSIE, APPELLANT,
STATE OF FLORIDA, APPELLEE
405 So. 2d 775
Florida District Court of Appeal, Fifth District (1981)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
See Ables v. State, 404 So. 2d 137 (Fla. 5th DCA 1981).
FRANK D. UPCHURCH, Jr. and CO-WART, JJ., concur. DAUKSCH, C. J., concurs specially with opinion.
Concurrence
DAUKSCH, Chief Judge,
concurring specially:
I agree we should affirm the decision of the trial judge but I do not understand the basis for the lower court’s statement that it was “without authority or means to determine” the issue of ineffective assistance of counsel. It is that very court which should determine that issue if it is properly pleaded by holding a hearing, taking evidence, making findings and reaching a decision. Ables v. State, 404 So. 2d 137 (Fla. 5th DCA 1981).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Klein v. Klein, 413 So. 2d 1297 (Fla. 4th DCA 1982)…. The Second District Court of Appeal has held contrary to our foregoing decision in Nicolay v. Nicolay, 387 So. 2d 500 (Fla. 2d DCA 1980), cert. dismissed, 392 So. 2d 1377 (Fla.1980). See, also, Judge Hurley’s concurring opinion in Jones v. Jones, 405 So. 2d 775 (Fla. 4th DCA 1981), as well as Note, Finn or Kern? Does A Florida Dissolution Court Possess Authority to Compel Child Support of Healthy, Majority-Age Children Who Are Attending College? 9 Fla. State U.Law Rev. 107 (1981) and Note, Post-Majority Su…
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Buddy Gene Wilkerson v. Wilkerson, 430 So. 2d 542 (Fla. 1st DCA 1983)…four months, or otherwise becomes self-supporting.” The cases relied upon by appellee are distinguishable in that they involved pre-1973 dissolutions in which college expenses did not present the problem of post-majority support, see Jones v. Jones, 405 So. 2d 775, 777 (Fla. 4th DCA 1981) (concurring opinion). The final order is REVERSED in part and AFFIRMED in part. MILLS and THOMPSON, JJ., concur.…
Authorities Cited
- Ables v. State, 404 So. 2d 137 (Fla. 5th DCA 1981)