BERNARD LARKINS, APPELLANT,
v.
R.L. DUGGER, APPELLEE
BERNARD LARKINS, APPELLANT,
R.L. DUGGER, APPELLEE
473 So. 2d 831
Florida District Court of Appeal, First District (1985)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Bernard Larkins appeals the summary dismissal of his petition for writ of habeas corpus. Because Larkins’ petition states a preliminary basis for relief which was not refuted by the State, we reverse and remand with directions to issue a rule to show cause why the petition should not be granted. See: Parker v. Cook, et al., 642 F. 2d 865 (5th Cir.1981); Granger v. Florida State Prison, 424 So. 2d 937 (Fla. 1st DCA 1983); Costello v. Strickland, 418 So. 2d 443 (Fla. 1st DCA 1982).
Reversed and remanded with directions.
ERVIN, SHIVERS and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Blue Cross & Blue Shield OF Fla., Inc. v. Matthews, 498 So. 2d 421 (Fla. 1986)…SHAW, Justice. We have jurisdiction to review Blue Cross and Blue Shield of Florida, Inc. v. Matthews, 473 So. 2d 831 (Fla. 1st DCA 1985), because the district court below construed a provision of the state constitution and expressly validated section 627.7372, Florida Statutes (1985). Art. V, § 3(b)(3), Fla. Const. We agree that the statute is valid but quash the…
-
Union Cent. Life Ins. Co. v. Carlisle, 566 So. 2d 1335 (Fla. 4th DCA 1990)…this type? Is the particular clause in this insurance policy unique? Does the existence of classic subrogation clauses, such as is set forth in the footnote to the First District’s version of Blue Cross and Blue Shield of Florida, Inc. v. Matthews, 473 So. 2d 831, 832 (Fla. 1st DCA 1985) obviate the necessity to intervene because they are protection enough in and of themselves? We deem the answers to these questions to be matters of great public importance and we, therefore, certify the following question to…1 / 2
-
In re Est. OF Robert R. Frappier, Jr. v. Bruce Wishnov, D.O., 678 So. 2d 884 (Fla. 4th DCA 1996)…n enforcement action to recover insurance proceeds); Northwestern Nat’l Life Ins. Co. v. Rutta, 599 So. 2d 684 (Fla. 4th DCA 1992) (ERISA preempts state law when interpreting health insurance plan); Blue Cross & Blue Shield of Fla. Inc. v. Matthews, 473 So. 2d 831 (Fla. 1st DCA 1985) (Florida’s collateral source statutes are not preempted by ERISA); In re International Forum of Fla. Health Benefit Trust, 607 So. 2d 432 (Fla. 1st DCA 1992) (ERISA does not preempt state statute authorizing assessing employers f…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Parker v. Cook, 642 F.2d 865 (5th Cir. 1981)
- Granger v. Fla. State Prison & Bill Price, 424 So. 2d 937 (Fla. 1st DCA 1983)
- Michael v. Costello, 418 So. 2d 443 (Fla. 1st DCA 1982)