N.U., INC., APPELLANT,

v.

T AND R SEAFOOD, INC., APPELLEE

Citator

Cited By (17 total)

• Robinson v. State, 761 So. 2d 269 (Fla. 1999)
  …to show cause why the plea should be withdrawn, mere allegations are not enough; the defense must offer proof that the plea was not voluntarily and intelligently entered. See Gore v. State, 552 So. 2d 1185, 1186 (Fla. 5th DCA 1989); Brown v. State, 428 So. 2d 369, 371 (Fla. 5th DCA 1983) (“[M]ere naked allegations contained in a motion to withdraw, unsupported by any proof, can never constitute a basis for withdrawal of a plea.”). Further, on appeal from the denial of the motion to withdraw the plea, the bur…
• Dude Emshwiller v. State, 443 So. 2d 488 (Fla. 2d DCA 1984)
  …9). The testimony was in direct response to defense counsel’s questions on cross-examination. The question of whether the trial court properly retained jurisdiction for portions of the concurrent sentences was not raised below. See Brown v. State, 428 So. 2d 369 (Fla. 5th DCA 1983). AFFIRMED. OTT, C.J., and BOARDMAN, J., concur.…
• Cofield v. State, 453 So. 2d 409 (Fla. 1st DCA 1984)
  …post facto application of the retention statute is not fundamental error and objection must be made at the trial level to preserve the issue for appellate review. Fredricks v. State, 440 So. 2d 433, 434 (Fla. 1st DCA 1983). See also Brown v. State, 428 So. 2d 369 (Fla. 5th DCA 1983); Mobley v. State, 447 So. 2d 328 (Fla. 2d DCA, February 24, 1984). Likewise, where retention of jurisdiction over a portion of a life sentence has been challenged, but no objection to such retention was made before the trial cour…

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Authorities Cited

• Roberts v. Reubin O'D. Askew, 260 So. 2d 492 (Fla. 1972)
• Golub v. Golub, 336 So. 2d 693 (Fla. 2d DCA 1976)
• Brinker v. Ludlow, 379 So. 2d 999 (Fla. 3d DCA 1980)
• Baxter v. State, 375 So. 2d 16 (Fla. 2d DCA 1979)