WESLEY BOBBY ARLINE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Bray v. Elec. Door-Lift, Inc., 558 So. 2d 43 (Fla. 1st DCA 1989)
  …to establish the exercise of due diligence. King v. Harrington, 411 So. 2d 912, 915 (Fla. 2d DCA 1982), review denied, 418 So. 2d 1279 (Fla.1982). While the requirement of due [*48] diligence is not a legal absolute, Ragen v. Paramount Hudson, Inc., 434 So. 2d 907 (Fla. 3d DCA 1983), review denied, 444 So. 2d 417 (Fla.1984); Jackson v. State, 416 So. 2d 10 (Fla. 3d DCA 1982), the general rule is that motions for new trial are looked upon with disfavor as tending to encourage looseness in practice. Jerrico, In…
• Marlyn Tracey v. Wells Fargo Bank, 264 So. 3d 1152 (Fla. 2d DCA 2019)
  …k fairness dictates that upon remand the hearing officer be directed to submit an amended order in ... light of this opinion before the Department further reviews and acts upon the charges against [the] appellant."); Ragen v. Paramount Hudson, Inc., 434 So. 2d 907, 908 (Fla. 3d DCA 1983) ("When, as here, it is likely that a correctable injustice has been done, we will not hesitate to order that a new trial be conducted based on all the available evidence."); English v. Clark, 289 So. 2d 33, 35-36 (Fla. 1st DC…
• Bakalarz v. Luskin, 560 So. 2d 283 (Fla. 4th DCA 1990)
  …information. Timely discovery of circumstances which reveal a correctable injustice calls for the granting of a rehearing if the evidence goes to the heart of the issue and is not merely cumulative or impeaching. Cf. Ragen v. Paramount Hudson, Inc., 434 So. 2d 907 (Fla. 3d DCA 1983), rev. denied, 444 So. 2d 417 (Fla.1984); Perez v. Pearl, 411 So. 2d 972 (Fla. 3d DCA 1982); Dade Nat’l. Bank of Miami v. Kay, 131 So. 2d 24 (Fla. 3d DCA), cert. denied, 135 So. 2d 746 (Fla.1961). We deem to be inapposite those ca…