LOUISE T. BAILEY, ET AL., PETITIONERS,
v.
FRED C. HOUGH, ET AL., RESPONDENTS
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OVERTON, Judge.
This is a petition to review a decision of the First District Court of Appeal reported as Hough v. Bailey, 421 So. 2d 708 (Fla. 1st DCA 1982). We accepted jurisdiction in this case because, in its opinion, the First District acknowledged direct conflict with the Second District Court of Appeal’s decision in Kirk v. Baumann, 336 So. 2d 125 (Fla. 2d DCA 1976). After accepting jurisdiction in this case, however, we determined that the Second District, in Wiggins v. Dojcsan, 411 So. 2d 894 (Fla. 2d DCA 1982), expressly receded from its decision in Kirk. In receding from Kirk, the Second District in Wiggins adopted the view expressed by the Fourth District in Cacaro v. Swan, 394 So. 2d 538 (Fla. 4th DCA), petition dismissed, 402 So. 2d 608 (Fla.1981), which was also relied on by the First District in its opinion in this case. Consequently, no conflict exists and there is no basis for this Court to accept jurisdiction in this cause. The petition for review is denied.
It is so ordered.
ALDERMAN, C.J., and ADKINS, BOYD, McDonald, EHRLICH and SHAW, JJ., concur.
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Am. Legion Cmty. Club v. Murray Diamond, 561 So. 2d 268 (Fla. 1990)…instein v. Dolene, Inc. 455 So. 2d 1126 (Fla. 4th DCA 1984); Mohican Valley, Inc. v. MacDonald, 443 So. 2d 479 (Fla. 5th DCA 1984); Kent v. Kent, 431 So. 2d 279 (Fla. 5th DCA 1983); Hough v. Bailey, 421 So. 2d 708 (Fla. 1st DCA 1982), review denied, 441 So. 2d 614 (Fla.1983); Glusman v. Warren, 413 So. 2d 857 (Fla. 4th DCA 1982). The minority view is set forth by the First District Court of Appeal in Albega Corp. v. Manning, 468 So. 2d 1109 (Fla. 1st DCA 1985). In that decision, the court held that an “actio…
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Campbell v. State, 125 So. 3d 733 (Fla. 2013)…ead consistently with the holding of Campbell, no conflict further exists. However, as the First District chose not to expressly recede from Cox, the initial conflict between these cases remains, and this Court has jurisdiction. See Bailey v. Hough, 441 So. 2d 614, 615 (Fla.1983). . In Demartine, 647 So. 2d at 902, the Fourth District certified the following question to this Court: "May a defendant, after sentencing, withdraw a plea of guilty or nolo contendere based solely upon a trial court’s failure to fo…
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Sparks v. The Charles Wayne Grp., 568 So. 2d 512 (Fla. 5th DCA 1990)…gs in general where the burden is placed on the moving party, and it is a misstatement of the holding in Cacaro, 394 So. 2d at 540. Cacaro is now the leading case on section 48.23(3) for cases not involving recorded instruments. See Bailey v. Hough, 441 So. 2d 614 (Fla.1983). In Cacaro, the court said: [T]he burden was on the moving party to establish that the lis pendens was inappropriate to the circumstances and cause of action stated in the complaint. Cacaro, 394 So. 2d at 540. The language in section 4…1 / 2
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- Cacaro v. Swan, 394 So. 2d 538 (Fla. 4th DCA 1981)
- Hough v. Bailey, 421 So. 2d 708 (Fla. 1st DCA 1982)
- Deis v. Deis, 411 So. 2d 894 (Fla. 2d DCA 1982)
- Wilson v. State, 336 So. 2d 125 (Fla. 1st DCA 1976)
- Kirk v. Baumann, 336 So. 2d 125 (Fla. 2d DCA 1976)