ROBERT LEE KING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1982-05-05
No. 82-523
ORFINGER, COBB and FRANK D. UP-CHURCH, Jr., JJ., concur.
413 So. 2d 458 Florida District Court of Appeal, Fifth District (1982) Caution
Cited by 24 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The denial of post-conviction relief by the trial court is affirmed on authority of Jones v. State, 384 So. 2d 956 (Fla. 5th DCA), review denied, 392 So. 2d 1375 (Fla.1980), and Smith v. State, 378 So. 2d 313 (Fla. 5th DCA 1980), approved 394 So. 2d 407 (Fla.1981).

ORFINGER, COBB and FRANK D. UP-CHURCH, Jr., JJ., concur.


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  • Fecteau v. Se. Bank, N.A., 585 So. 2d 1005 (Fla. 4th DCA 1991)
    …Bank, 468 So. 2d 399, 405 (Fla. 4th DCA), rev. denied, 480 So. 2d 1295 (Fla.1985). “[WJhere a contract is clear and unambiguous in its terms the court may not give those terms any meaning beyond that expressed.” Biltmore Sys., Inc. v. Mai Kai, Inc., 413 So. 2d 458 (Fla. 4th DCA 1982). In the absence of ambiguity, the language itself is the best evidence of the parties’ intent and its plain meaning controls. Acceleration Nat’l Serv. Corp. v. Brickell Fin. Servs. Motor Club, Inc., 541 So. 2d 738 (Fla. 3d DCA),…
  • DON L. Tullis & Assocs., Inc. v. Benge, 473 So. 2d 1384 (Fla. 1st DCA 1985)
    …ions as he was the judge assigned to both suits. The judge’s interpretation that the agreement was severable comports with the reason, probability and the practical aspect of transactions between the parties, Biltmore Systems, Inc. v. Mai Kai, Inc., 413 So. 2d 458 (Fla. 4th DCA 1982). The nonmutuality of remedy argument also fails. Benge’s ability to merge is a factual one and was answered affirmatively by the jury. There is no question that Benge’s cessation of the sale of pager insurance doesn’t bar enforc…
  • L & H Constr. Co., Inc. v. Circle Redmont, Inc., 55 So. 3d 630 (Fla. 5th DCA 2011)
    …llow a construction that best comports with logic, reason, and the purposes underlying the parties’ agreement. See Blackshear Mfg. Co., 102 So. at 754; Paneson v. Paneson, 723 So. 2d 385, 386 (Fla. 2d DCA 1999); Biltmore Sys., Inc. v. Mai Kai, Inc., 413 So. 2d 458, 459 (Fla. 4th DCA 1982); Gold Coast Media, Inc. v. Meltzer, 751 So. 2d 645, 646 (Fla. 3d DCA 1999). The parties’ conduct through their course of dealings is also considered in determining the meaning of the written agreement. Blackhawk Heating & Pl…

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