JAMES WILLIAM MEAD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JAMES WILLIAM MEAD, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
438 So. 2d 410
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.
The defendant James William Mead appeals his conviction for first degree murder entered below. His sole point on appeal is that the state failed to adduce sufficient evidence at trial to establish the essential element of premeditation herein. We reject this contention upon a holding that the defendant’s statement to the police, which was admitted in evidence below, adequately established the above-stated element of premeditation in this case. Sireci v. State, 399 So. 2d 964, 967 (Fla.1981), cert. denied, 456 U.S. 984, 102 S.Ct. 2257, 72 L.Ed.2d 862 (1982).
Affirmed.
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The Balmoral Condo. Ass'n v. Grimaldi, 107 So. 3d 1149 (Fla. 3d DCA 2013)…t the order was simply wrong as a matter of law on the merits is not one of the enumerated grounds for relief under rule 1.540. Paladin Props. v. Family Inv. Enters., 952 So. 2d 560, 562 (Fla. 2d DCA 2007); Schrank v. State Farm Mut. Auto. Ins. Co., 438 So. 2d 410, 412 (Fla. 4th DCA 1983); Pompano Atlantis Condo. Ass’n v. Merlino, 415 So. 2d 153, 154 (Fla. 4th DCA 1982). That ground must be raised in a motion under rule 1.530 or on plenary appeal. See Paladin Props., 952 So. 2d at 562; Schrank, 438 So. 2d at…
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Paladin Props. v. Fam. Inv. Enters., 952 So. 2d 560 (Fla. 2d DCA 2007)…ed “mistake” in entering the default judgment. On this point, we agree. Rule 1.540(b) permits the trial court to relieve a party from a final judgment on several grounds, including mistake or inadvertence. Schrank v. State Farm Mut. Auto. Ins. Co., 438 So. 2d 410, 412 (Fla. 4th DCA 1983). The rule envisions an honest mistake made during the regular course of litigation, including those that result from oversight, neglect, or accident. Id.; see also Pompano Atlantis Condo. Ass’n v. Merlino, 415 So. 2d 153, 15…
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Metro. Dade Cnty. v. Certain Lands Upon Which Assessments Are Delinquent, 471 So. 2d 191 (Fla. 3d DCA 1985)…cedure 1.530(b). See also Fla.R.Civ.P. 1.530(d). Consequently, as a final order, the November 1981 order was not subject to modification by the court. See Kippy Corp. v. Colburn, 177 So. 2d 193 (Fla.1965); Schrank v. State Farm Mutual Insurance Co., 438 So. 2d 410 (Fla. 4th DCA 1983); DeFilippis; Kirby v. Speight, 217 So. 2d 871 (Fla. 1st DCA 1969). The only other provision that could possibly be a basis for entry of the appealed order which vacated the November 1981 order is Florida Rule of Civil Procedure…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sireci v. State, 399 So. 2d 964 (Fla. 1981)
- Federated Publ'ns, Inc. v. Swedberg, 456 U.S. 984 (U.S. 1982)
- Jacks v. Duckworth, 456 U.S. 984 (U.S. 1982)