EDWARD ANDREW CUNNINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD ANDREW CUNNINGHAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
464 So. 2d 1359
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This is an appeal from a denial of Motion for Post-conviction Relief brought pursuant to Florida Rule of Criminal Procedure 3.850. It was denied without an evidentiary hearing and without stated reasons.
It is basic that a trial court order is presumed to be correct and that it will be affirmed if there is a legal basis for it. The motion itself is unsworn and in gross violation of the requirements of Florida Rule of Criminal Procedure 3.850. It does not refer to exhibits. The mentioned deficiencies justify the trial court order denying post-conviction relief.
Affirmed.
DOWNEY, HURLEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Priede v. Priede, 474 So. 2d 296 (Fla. 2d DCA 1985)…it is still the law that where the wife demonstrates the need and the husband has the ability to pay, he is obligated to support her at a standard reasonably commensurate with that established by him during their marriage.” See Jennings v. Jennings, 464 So. 2d 1359 (Fla. 3d DCA 1985); Neff v. Neff, 386 So. 2d 318 (Fla. 2d DCA 1980). See also Colucci v. Colucci, 392 So. 2d 577 (Fla. 3d DCA 1980); Lutgert v. Lutgert, 362 So. 2d 58 (Fla. 2d DCA 1978). Here the evidence indicates that the husband’s salary is over…
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Hedwig Anderson v. Anderson, 489 So. 2d 1232 (Fla. 1st DCA 1986)…hat the wife’s salary would not support her at a standard approaching that which existed during the marriage warranted permanent periodic alimony in a sum commensurate with the wife’s needs and the husband’s ability to pay. See Jennings v. Jennings, 464 So. 2d 1359 (Fla. 3rd DCA 1985). Here the evidence indicates that the husband’s net income is over three times as great as the wife’s income, and that the wife’s salary as a luncheon worker will not be sufficient to support her at a standard which approaches th…