DERRICK GARRISON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DERRICK GARRISON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
499 So. 2d 68
Florida District Court of Appeal, Third District (1986)
Caution
Cited by 18 cases
Opinion of the Court
PER CURIAM.
Pursuant to a motion by the state conceding that the defendant was entitled to an evidentiary hearing, this court relinquished jurisdiction to the trial court “for the purposes stated in the motion.” Upon remand, the trial court, in contravention of our directive, entered an order denying defendant relief without conducting an evidentiary hearing. Because the trial court’s action was not in compliance with our rul-mg, we reverse and remand for implementation of our order. Reversed and remanded.
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State Farm Mut. Auto. Ins. Co. v. Novotny, 657 So. 2d 1210 (Fla. 5th DCA 1995)…conduct is a necessary element. Rappaport v. Jimmy Bryan Toyota of Ft. Lauderdale, Inc., 522 So. 2d 1005 (Fla. 4th DCA 1988). Where detrimental reliance is missing, the claim can not be sustained. See generally, McConnell v. Eastern Air Lines, Inc., 499 So. 2d 68 (Fla. 3d DCA 1986); Tippett v. Frank, 238 So. 2d 671, 673 (Fla. 3d DCA 1970); Bibb v. Bickford, 149 So. 2d 592, 594 (Fla. 1st DCA 1963). The only evidence in the record to support a fraudulent misrepresentation claim are Grainger’s statements to No…
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Kelly v. Gill, 544 So. 2d 1162 (Fla. 5th DCA 1989)…v. Piezo Technology and Professional Administrators, 427 So. 2d 182 (Fla.1983); Gibbs v. H.J. Heinz Company, 536 So. 2d 370 (Fla. 5th DCA 1988); Grappone v. City of Miami Beach, 495 So. 2d 838 (Fla. 3d DCA 1986); McConnell v. Eastern Airlines, Inc., 499 So. 2d 68 (Fla. 3d DCA 1986); Muller v. Stromberg, Carlson Corporation, 427 So. 2d 266 (Fla. 2d DCA 1983); Roy Jorgensen Associates, Inc. v. Deschenes, 409 So. 2d 1188 (Fla. 4th DCA 1982). There is also no cause of action based in common law tort for wrongful…
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The Quaker Oats Co. v. Jewell, 818 So. 2d 574 (Fla. 5th DCA 2002)…tween Employees and their employer. The Third District Court of Appeal became the next appellate court in Florida to reject an employee’s request to transform his employer’s policies into a binding contract. In McConnell v. Eastern Air Lines, Inc., 499 So. 2d 68, 69 (Fla. 3d DCA 1986) (per curiam), an at-will employee, who was terminated from his employment, sued for breach of contract claiming that his employer issued various letters, executive memoranda and four employee handbooks assuring its employees t…
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