COLLIE ROGER GORDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
COLLIE ROGER GORDON, APPELLANT,
STATE OF FLORIDA, APPELLEE
452 So. 2d 1109
Florida District Court of Appeal, Second District (1984)
Caution
Cited by 4 cases
Opinion of the Court
RYDER, Chief Judge.
Since appellate counsel has withdrawn the first point on appeal, we deal only with point two — the alleged ineffective assistance of counsel claim.
We decline to address this claim at this time. The case is dismissed without prejudice for the appellant to seek an evidentiary hearing pursuant to Florida Rule of Criminal Procedure 3.850.
SCHEB and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Miller v. City OF Fort Lauderdale, 508 So. 2d 1328 (Fla. 4th DCA 1987)…ning level decision); Osorio v. Metropolitan Dade County, 459 So. 2d 332 (Fla. 3d DCA 1984), rev. dismissed, 469 So. 2d 749 (Fla.1985) (decision on where to place a stop sign is planning level function). Hyde v. Florida Department of Transportation, 452 So. 2d 1109 (Fla. 2d DCA 1984) (failure to install a guardrail is a planning level decision); Gordon v. City of West Palm Beach, 321 So. 2d 78 (Fla. 4th DCA 1975) (installation of traffic control devices is a governmental function). See also A.L. Lewis Elementa…
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Freeman v. Taylor Cnty., 643 So. 2d 44 (Fla. 1st DCA 1994)…otective devises on roadways are basic capital improvements and thus are seen as judgmental planning level functions immune from suit in tort. Department of Transportation v. Neilson, 419 So. 2d 1071 (Fla.1982); Hyde v. Department of Transportation, 452 So. 2d 1109 (Fla. 2d DCA 1984); Payne v. Palm Beach County, 395 So. 2d 1267 (Fla. 4th DCA 1981). The Florida cases to date have not drawn a distinction between a pedestrian handrail and a roadway guardrail. Cf. American Exchange Bank of Madison, Wisconsin v. Un…
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Berta Cruz v. Metro. Dade Cnty., 462 So. 2d 1204 (Fla. 3d DCA 1985)…PER CURIAM. Affirmed. Department of Transportation v. Neilson, 419 So. 2d 1071 (Fla.1982); Hyde v. Florida Department of Transportation, 452 So. 2d 1109 (Fla. 2d DCA 1984); Payne v. Palm Beach County, 395 So. 2d 1267 (Fla. 4th DCA 1981). Chapter 90.407, Florida Statutes (1983).…
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