FRANKLIN E. MARKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANKLIN E. MARKS, APPELLANT,
STATE OF FLORIDA, APPELLEE
423 So. 2d 1021
Florida District Court of Appeal, Fourth District (1982)
Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.
We determine that appellant’s First Point on Appeal is without merit. As to his Second Point, appellant may not raise the issue of ineffective assistance of counsel for the first time on appeal. Jones v. State, 384 So. 2d 736 (Fla. 4th DCA 1980). The issue must first be presented to the trial court and where, as here, trial has been concluded, the appropriate vehicle is a motion for post conviction relief.
We therefore affirm.
ANSTEAD, HERSEY and WALDEN, JJ., concur.
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Wright v. Dr. and Mrs. Louis J. Acierno, 437 So. 2d 242 (Fla. 5th DCA 1983)…le attorney’s fees after the court made a factual determination that there was a complete absence of a justiciable issue ... raised by the losing party.” Id. at 515-516. Similarly, in City of Boca Raton v. Faith Baptist Church of Boca Raton, Inc., 423 So. 2d 1021 (Fla. 4th DCA 1982), the City of Boca Raton was represented by the City Attorney who was paid a salary. Accordingly, the City did not incur any additional expense in defending the lawsuit brought by appellees. As against the argument, accepted by th…
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Leibowitz v. The City OF Miami Beach, 683 So. 2d 204 (Fla. 3d DCA 1996)…bond amount. On cross-appeal, the City contends that the trial court erred in basing the hourly rate of the attorney’s fee award on the Assistant City Attorney’s salary. We agree. In City of Boca Raton v. Faith Baptist Church of Boca Raton, Inc., 423 So. 2d 1021, 1022 (Fla. 4th DCA 1982), the court held that the “mere fact that the [City] was represented by its house counsel who was paid an annual salary does not militate against the allowance of reasonable attorney’s fees as provided by law.” Therefore, si…
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- Jones v. State, 384 So. 2d 736 (Fla. 4th DCA 1980)