RONALD MARK GRAHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-08-07
No. 84-2294
DOWNEY, HURLEY and DELL, JJ., concur.
473 So. 2d 300 Florida District Court of Appeal, Fourth District (1985) Caution
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court’s order denying the petition for writ of habeas corpus is affirmed on the authority of Finley v. State, 394 So. 2d 215 (Fla. 1st DCA 1981). This, of course, does not preclude the defendant from seeking appropriate relief under Rule 3.850, Fla.R.Crim.P. DOWNEY, HURLEY and DELL, JJ., concur.


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  • Palm Beach Polo Holdings, Inc. v. Stewart Title Guar. Co., 134 So. 3d 1073 (Fla. 4th DCA 2014)
    …in rendering his opinion. BUT, the trial court’s order is technically deficient because it fails to include a specific finding regarding the complete absence of a justiciable issue in the insured’s cause of action. Peerless Elec. Co. v. Goldberger, 473 So. 2d 300 (Fla. 4th DCA 1985). We therefore reverse on this issue only and remand the case to the trial court for the requisite findings. The trial court may order the same award without hearing more evidence. See, e.g., Schwartz v. W-K [*1079] Partners, 530…
  • Dep't OF Revenue v. Orlowski, 184 So. 3d 1200 (Fla. 4th DCA 2016)
    …ing that to award attorney’s fees under section 57.105, a trial court must make an express finding of “a complete absence of a justiciable issue of either law or fact raised by the losing party”) (citation omitted); Peerless Elec. Co. v. Goldberger, 473 So. 2d 300, 300 (Fla. 4th DCA 1985), In sum, we affirm the judgment in favor of appellee, and we reverse and remand the award of attorney’s fees. Affirmed in part, reversed in part, and remanded. WARNER and KLINGENSMITH, JJ., concur.…
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    …ns no specific finding regarding the complete absence of a justiciable issue in appellant’s cause of action. Therefore, we reverse and remand for the trial court to correct its technically deficient order. See Peerless Elec. Co., Inc. v. Goldberger, 473 So. 2d 300 (Fla. 4th DCA 1985); Fox v. Loejfler, 434 So. 2d 2 (Fla. 4th DCA 1983). DELL and STONE, JJ., concur.…

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