HARRY BRADLEY, APPELLANT,
v.
HONORABLE MICHAEL MCDERMOTT, APPELLEE
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SHARP, Judge.
Bradley appeals from the circuit court’s denial of his petition for writ of prohibition 1 which sought to prohibit the county court from continuing to exercise jurisdiction over him because of a claimed violation of the speedy trial rule.2 The circuit court did not reach the merits of this question, relying on Guzman v. Huffstetler, 409 So. 2d 134 (Fla. 5th DCA 1982). That case is no longer controlling.3 We reverse and remand to give the circuit court an opportunity to rule on the matter. REVERSED AND REMANDED.
DAUKSCH and FRANK D. UP-CHURCH, Jr., JJ., concur. . Fla.R.App.P. 9.030(c)(3).
. Fla.R.Crim.P. 3.191.
.Ehn v. Smith, 426 So. 2d 570 (Fla. 5th DCA 1983) now holds that prohibition is a proper remedy for an alleged speedy trial violation. See also Lowe v. Price, 437 So. 2d 142 (Fla.1983); Sherrod v. Franza, 427 So. 2d 161 (Fla.1983).
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Allie v. Ionata, 503 So. 2d 1237 (Fla. 1987)…BARKETT, Justice. This cause is before the Court on petition to review the holding in Allie v. Ionata, 466 So. 2d 1108 (Fla. 5th DCA 1985), in which the Fifth District acknowledged direct conflict with Chemey v. Moody, 413 So. 2d 866 (Fla. 1st DCA 1982), and certified to this Court a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla.…
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Rogers v. Mitzi, 584 So. 2d 1092 (Fla. 5th DCA 1991)…t Rogers’ breach of fiduciary duty was the equivalent of fraud. A constructive fraud is deemed to exist where a duty under a confidential or fiduciary relationship has been abused. Douglas v. Ogle, 80 Fla. 42, 85 So. 243 (Fla.1920); Allie v. Ionata, 466 So. 2d 1108 (Fla. 5th DCA 1985); Harrell v. Bransen, 344 So. 2d 604 (Fla. 1st DCA 1977), rev. denied, 353 So. 2d 675 (Fla.1977). We further hold that there was substantial competent evidence to support the trial court’s finding of constructive fraud. However,…
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Alex Hofrichter, P.A. v. Zuckerman & Venditti, P.A., 710 So. 2d 127 (Fla. 3d DCA 1998)…erting partnership property to his personal use, Hofriehter has stated a valid claim for constructive fraud. See Douglas v. Ogle, 80 Fla. 42, 44-45, 85 So. 248, 244 (1920); Rogers v. Mitzi, 584 So. 2d 1092, 1094 (Fla. 5th DCA 1991); Allie v. Ionata, 466 So. 2d 1108, 1110 (Fla. 5th DCA 1985). As with the claims for civil theft and conversion, the constructive fraud alleged here is an independent intentional tort, and summary judgment was thus improper. However, we find no error in the trial court’s disposition…
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- Sherrod v. The Honorable Arthur J. Franza, 427 So. 2d 161 (Fla. 1983)
- Lowe v. The Honorable Joseph E. Price, 437 So. 2d 142 (Fla. 1983)
- EHN v. Honorable C. McFerrin Smith, III, 426 So. 2d 570 (Fla. 5th DCA 1982)
- State v. Honorable L. R. Huffstetler, Jr., 409 So. 2d 134 (Fla. 5th DCA 1982)