GERARD J. SCHAEFFER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GERARD J. SCHAEFFER, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
423 So. 2d 920
Florida District Court of Appeal, Fourth District (1982)
Positive Treatment
Cited by 1 case
Opinion of the Court
[*921] PER CURIAM.
Defendant appeals the denial of a 3.850 motion. The issue presented is exactly the issue addressed by this Court in the prior affirmance of defendant’s murder convictions. See Schaefer v. State, 311 So. 2d 137 (Fla. 4th DCA 1975), cert. denied Schaefer v. State, 327 So. 2d 34 (Fla.1976). This Court is bound by its own prior express decision on this point of law. Our Supreme Court denied review without opinion, and we conclude that there has been no change since then in decisional law requiring or allowing us to revisit this issue.
AFFIRMED.
ANSTEAD, BERANEK and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vacation Escape, Inc. v. Mich. Nat'l Bank, 735 So. 2d 528 (Fla. 4th DCA 1999)…dgment without first ruling on appellee’s motion to vacate the clerk’s default as to Count I, the trial court denied appellant’s motion without an evi- [*530] dentiary hearing. This was an abuse of discretion. See Hernandez v. National Bank of Fla., 423 So. 2d 920 (Fla. 3d DCA 1982). Accordingly, we reverse the final default judgment as to Count I, and remand for further proceedings consistent herewith. REVERSED and REMANDED. POLEN and STEVENSON, JJ., concur.…
Authorities Cited
- Schaefer v. State, 311 So. 2d 137 (Fla. 4th DCA 1975)
- Trachsel v. The City OF Tamarac, 311 So. 2d 137 (Fla. 4th DCA 1975)