ERLING INGVALDSEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Ineffective Assistance Of Trial Counsel cases and more on FLexlaw
HERSEY, Chief Judge.
Erling Ingvaldsen appeals the denial, without evidentiary hearing, of his motion for post-conviction relief. We treat the first aspect of appellant’s motion, based upon newly discovered evidence, as a petition to this court for a writ of error coram nobis, Smith v. State, 400 So. 2d 956 (Fla.1981), appeal after remand, 421 So. 2d 146 (Fla.1982), and we deny the writ because the evidence is not “of such a vital nature that, had [it] been known to the trial court, [it] conclusively would have prevented entry of the judgment.” 400 So. 2d at 960 (emphasis original). Appellant having failed to carry his burden in demonstrating ineffective assistance of trial counsel, the second basis for his rule 3.850 motion, we affirm the order appealed.
AFFIRMED; WRIT DENIED.
ANSTEAD and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re the Guardianship OF Natalie Marie Wilkes v. Mary and Marshall Crum, 501 So. 2d 704 (Fla. 2d DCA 1987)…ween a parent and a third party, where the primary consideration must be the right of a natural parent to enjoy the custody, fellowship, and companionship of his offspring. In re Guardianship of D.A. McW, 460 So. 2d 368 (Fla.1984); Bordley v. Blake, 478 So. 2d 510 (Fla. 1st DCA 1985). As such, the natural parent of a child born out of wedlock should be denied custody only where it is demonstrated that the parent is disabled from exercising custody or that such custody will, in fact, be detrimental to the welf…
-
In the Interest of: N.Z.B. and M.T.B. v. M.C., 779 So. 2d 508 (Fla. 2d DCA 2000)…children, particularly at a time when no valid court order had approved [*512] this private agreement.5 See Pape v. Pape, 444 So. 2d 1058 (Fla. 1st DCA 1984) (en banc). See also Hernandez v. Thomas, 50 Fla. 522, 39 So. 641 (1905); Bordley v. Blake, 478 So. 2d 510 (Fla. 1st DCA 1985). The trial court properly withdrew its order of February 2, 1999, because it had been entered without notice to the father. At no point thereafter did the court have the power to transfer custody of the children over the objectio…
-
Leonard v. Myers, 553 So. 2d 291 (Fla. 2d DCA 1989)…stody. In re Guardianship of D.A. McW., 460 So. 2d 368 (Fla.1984); Webb v. Webb, 546 So. 2d 1062 (Fla. 3d DCA 1989); Paul v. Lusco, 530 So. 2d 362 (Fla. 2d DCA 1988); In re Guardianship of Wilkes, 501 So. 2d 704 (Fla. 2d DCA 1987); Bordley v. Blake, 478 So. 2d 510 (Fla. 1st DCA 1985). While the best interests of the child is the only test in a custody dispute between two parents, where the dispute is between a parent and a third-party, the court must consider the right of a natural parent to enjoy the custody…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. State, 400 So. 2d 956 (Fla. 1981)
- Smith v. State, 421 So. 2d 146 (Fla. 1982)