ROBERT N. VERLINGO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT N. VERLINGO, APPELLANT,
STATE OF FLORIDA, APPELLEE
445 So. 2d 1082
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed, without prejudice to seek post-conviction relief in the trial court. The appellant, for the first time on appeal, seeks to withdraw his prior plea of guilty on the basis that an agreement he made with the state subsequently became impossible to perform. The state disputes the appellant’s interpretation of the provisions of the agreement. Since the appellant never sought to withdraw his plea nor sought a trial court ruling as to the now disputed meaning of the contract, we have no alternative but to affirm.
ANSTEAD, C.J., and HURLEY and WALDEN, JJ., concur.
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Ranger Nationwide, Inc. v. Cook, 519 So. 2d 1087 (Fla. 3d DCA 1988)…vely, vicariously liable for the negligent operation of the truck combination of which it [*1089] is only a part. Pullman, Inc. v. Johnson (Fla. 4th DCA case no. 85-987, opinion fíled, Nov. 4,1987) [12 FLW 2528]; U-Haul Co. v. Liberty Mut. Ins. Co., 445 So. 2d 1082 (Fla. 4th DCA 1984); Foster v. Lee, 226 So. 2d 282 (Fla. 2d DCA 1969).…
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Edwards v. ABC Transp. Co., 616 So. 2d 142 (Fla. 5th DCA 1993)…the First and the Third District Courts of Appeal, the court in Pullman held that the trailer portion of a tractor-trailer rig is not a dangerous instrumentality for purposes of imposing vicarious liability. See U-Haul Co. v. Liberty Mut. Ins. Co., 445 So. 2d 1082 (Fla. 4th DCA 1984) (trailer is a motor vehicle for purposes of licensing or service of process but is not a [*145] motor vehicle under dangerous instrumentality doctrine); Garcia v. Mid-Florida Hauling, Inc., 350 So. 2d 1141 (Fla. 1st DCA 1977) (tr…
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Pullman, Inc. v. Johnson, 543 So. 2d 231 (Fla. 4th DCA 1987)…of a tractor-trailer rig is not a dangerous instrumentality for the purpose of applying the vicarious liability policy enunciated in Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (1920). See U-Haul Co. v. Liberty Mutual Insurance Co., 445 So. 2d 1082 (Fla. 4th DCA 1984); Garcia v. Mid-Florida Hauling, Inc., 350 So. 2d 1141 (Fla. 1st DCA 1977); Foster v. Lee, 226 So. 2d 282 (Fla. 2d DCA 1969); Powell v. Henry, 224 So. 2d 730 (Fla. 2d DCA 1969), cert. dismissed, 231 So. 2d 518 (Fla.1970). See also…