JOHN H. STEWART AND B & L OF KCB, INC., APPELLANTS,

v.

S. BLAKE STEWART, ASCOT INVESTMENTS, LTD. AND FLORA R. CHABIN, APPELLEES

Citator

Cited By (11 total)

• Grosvenor v. State, 874 So. 2d 1176 (Fla. 2004)
  …istrict court decisions which “have interpreted Hill as requiring a defendant to allege that, had the plea not been entered, the defendant would have prevailed at trial,” see, e.g., Maples v. State, 804 So. 2d 599 (Fla. 5th DCA 2002); Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988), majority op. [*1188] at 1180, and then holding that “the viability of a defense is relevant to determine whether counsel performed deficiently in failing to inform the defendant about that defense.” Majority op. at 1182. I do not…

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• Brazeail v. State, 821 So. 2d 364 (Fla. 1st DCA 2002)
  …ourts would require the appellant to allege further facts indicating that, had the plea not been entered, there was a reasonable probability of acquittal, conviction of a lesser offense, or a more advantageous plea offer. For example, Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988), Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991), and Maples v. State, 804 So. 2d 599 (Fla. 5th DCA 2002), appear to hold that, in order to state a facially sufficient claim in a case such as this, the defendant must allege t…
• Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991)
  …t appellant’s rights or interests. In order to maintain a claim of ineffective assistance of counsel in connection with either a nolo contendere or guilty plea, a complaining defendant must show that he, in fact, had a viable defense. Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988); Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984). Appellant fails to make such a showing and, therefore, we find that [*1343] the trial court properly denied appellant’s motion for post-conviction relief based on his claim of…

Authorities Cited

• Mortg. Corp. OF Am. v. Inland Constr. Co., 463 So. 2d 1196 (Fla. 3d DCA 1985)