LUIS E. PALLAIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LUIS E. PALLAIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
529 So. 2d 831
Florida District Court of Appeal, Fifth District (1988)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
AFFIRMED on the authority of Carr v. State, 528 So. 2d 406 (Fla. 5th DCA 1988) and McKee v. State, 528 So. 2d 417 (Fla. 5th DCA 1988).
ORFINGER and COBB, JJ., concur. COWART, J., dissents with opinion.
Dissent
COWART, Judge,
dissenting.
I dissent for the reasons stated in the dissents in Carr, McKee, and Gulker v. State, 528 So. 2d 434 (Fla. 5th DCA 1988).
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Citator
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Dimino v. Farina, 572 So. 2d 552 (Fla. 4th DCA 1990)…ns to stay and to expedite. In appellee’s supplemental brief, he argues that appellant’s motions for stays are requests for affirmative relief which constitute waivers of his jurisdictional challenge. This argument is meritless. In Fell v. Lesher, 529 So. 2d 831 (Fla. 4th DCA 1988), this court determined that a motion for a stay pending resolution of a jurisdiction issue by the supreme court did not constitute a waiver. The Fell court relied on Cumberland Software, Inc. v. Great American Mortgage Corp., 507…
Authorities Cited
- McKEE v. State, 528 So. 2d 417 (Fla. 5th DCA 1988)
- Carr v. State, 528 So. 2d 406 (Fla. 5th DCA 1988)
- Gulker v. State, 528 So. 2d 434 (Fla. 5th DCA 1988)