MIDLAND INSURANCE COMPANY, APPELLANT,
v.
WALLACE G. FERRY, XRG INTERNATIONAL, INC., ET AL., APPELLEES

Fla. 4th DCA | 1984-07-05
No. 84-59
LETTS and WALDEN, JJ., concur., ANSTEAD, C.J., specially concurs with opinion.
453 So. 2d 850 Florida District Court of Appeal, Fourth District (1984) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

LETTS and WALDEN, JJ., concur. ANSTEAD, C.J., specially concurs with opinion.

Concurrence
ANSTEAD, Chief Judge,

ANSTEAD, Chief Judge,

specially concurring:

I concur in the majority’s affirmance of the trial court’s order refusing to grant a motion filed pursuant to Florida Rule of Civil Procedure 1.540 to set aside a judgment. I write separately only to note that on the record before us we are in no position to second guess the trial judge on his apparent determination that no valid excuse or justification was shown for the appellant’s failure to timely object to the entry of final judgment, either by way of motion or appeal.

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Citator

Cited By

  • State v. Catalano, 104 So. 3d 1069 (Fla. 2012)
    …ons where the driver may have been under the influence of alcohol. See Kurecka v. State, 67 So. 3d 1052, 1060 n. 3 (Fla. 4th DCA 2010); Conahan v. Dep’t of Highway Safety and Motor Vehicles, 619 So. 2d 988, 990 (Fla. 5th DCA 1993); State v. Demarzo, 453 So. 2d 850, 853 (Fla. 4th DCA 1984). Here, much like the cases cited above which do not find traffic safety to be a compelling state interest, the proscribed conduct involves an individual’s freedom of expression as it relates to safety on public thoroughfares…
  • …at a defendant’s challenge to a burden-shifting statute, contained in a pretrial motion, was not ripe “because prior to actual application of the alleged burden-shifting statute at trial, there can be no constitutional violation”); State v. Demarzo, 453 So. 2d 850, 852 & 853 n. 3 (Fla. 4th DCA 1984) (where the defendant was challenging the constitutionality of a state statute “mandating suspension of a [personj’s driver’s license when a court continuance requested by the defendant delays the hearing on the su…
  • …mon may feel that the result in this case is unfair in light of his acquittal, considering the above criteria, it is obvious that the jury’s verdict, whatever its reasons therefor may be, is not a determinative factor. Moreover, in State v. Demarzo, 453 So. 2d 850 (Fla. 4th DCA 1984), it was observed that “there is a compelling state interest in highway safety that justifies the legislature in allowing suspension of a driver’s license for failure to take a breathalyzer or blood alcohol test.” 453 So. 2d at 85…

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