FRANCIS B. BUDA, APPELLANT,

v.

STEPHANIE M. BUDA, APPELLEE

Citator

Cited By

• Ranaldson v. State, 672 So. 2d 564 (Fla. 1st DCA 1996)
  …ge of the rule quoted above that a successive motion raising the same grounds for relief can only be denied as an abuse of process if the prior determination was on the merits. See Ames v. State, 518 So. 2d 465 (Fla. 1st DCA 1988); Hampton v. State, 504 So. 2d 57 (Fla. 1st DCA 1987). See also Roth v. State, 479 So. 2d 848 (Fla. 3d DCA 1985). The supreme court has also held that the rule 3.850(f) restriction against successive motions on the same grounds is applied “only when the grounds raised were previous…
• Ames v. State, 518 So. 2d 465 (Fla. 1st DCA 1988)
  …on the merits or, if new and different grounds are alleged, the judge finds that the failure of the movant or his attorney to assert those grounds in a prior motion constituted an abuse of the procedure governed by these rules. In Hampton v. State, 504 So. 2d 57 (Fla. 1st DCA 1987), this court held, in accord with the plain language of the rule quoted above, that a successive motion raising the same grounds for relief can only be denied as an abuse of process if the prior determination was on the merits. Se…
• Rogers v. State, 510 So. 2d 1230 (Fla. 1st DCA 1987)
  …he order a copy of that portion of the record which conclusively shows the prisoner is entitled to no relief, or (2) to conduct further proceedings in accordance with Rule 3.850. Havis v. State, 506 So. 2d 3, 4 (Fla. 1st DCA 1987); Hampton v. State, 504 So. 2d 57 (Fla. 1st DCA 1987); Gust v. State, 504 So. 2d 61 (Fla. 1st DCA 1987); Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986). Neither course was followed in this case. The order clearly states that the trial court consulted the official court file to…