CORNELL SYLVESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CORNELL SYLVESTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
539 So. 2d 18
Florida District Court of Appeal, First District (1989)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
REVERSE. Green v. State, 14 F.L.W. 74, (Fla. 1st DCA December 28, 1988), appeal docketed, No. 73,505 (January 4,1989). Because the rights of appellant might be affected during the term of his probation notwithstanding his release from prison, this case is not moot. State v. Kinner, 398 So. 2d 1360, 1362 (Fla.1981).
SMITH, C.J., and ERVIN and NIMMONS, JJ., concur.
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Citator
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Jaramillo v. Dubow, 588 So. 2d 677 (Fla. 3d DCA 1991)…so inform the parties and allow them the time and opportunity called for under the summary judgment rule, Fla. R.Civ.P. 1.510, to submit affidavits and other evidentiary materials in support of, or in opposition to, the motion. See Forbes v. Gimbel, 539 So. 2d 18, 19 (Fla. 1st DCA 1989); Reno v. Adventist Health Systems/Sunbelt, Inc., 516 So. 2d 63, 65 (Fla. 2d DCA 1987); Fla.R.Civ.P. 1.510(c); see also Stone v. Stone, 97 So. 2d 352, 354 (Fla. 3d DCA 1957); cf. Fed.R.Civ.P. 12(c) (procedure under the counter…
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Holley v. Innovative Tech. OF Destin, Inc., 803 So. 2d 749 (Fla. 1st DCA 2001)…A 1983)). In ruling on the motion for judgment on the pleadings, the trial court was required to accept the allegations of the party opposing the motion as true, and to treat as false the mov-ant’s allegations that were denied. See Forbes v. Gimbel, 539 So. 2d 18 (Fla. 1st DCA 1989) (citing City of Miami v. J.C. Vereen & Sons, Inc., 359 So. 2d 533 (Fla. 3d DCA 1978); Wagner v. Wagner, 196 So. 2d 453 (Fla. 4th DCA 1967)).…
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Chantrala Britt v. State Farm Mut. Auto. Ins. Co., 935 So. 2d 97 (Fla. 2d DCA 2006)…ories, answers to interrogatories, depositions, affidavits, stipulations, and any other documents permitted to be considered by Florida Rule of Civil Procedure 1.510. Hart v. Hart, 629 So. 2d 1073, 1074 (Fla. 2d DCA 1994); see also Forbes v. Gimbel, 539 So. 2d 18, 19 (Fla. 1st DCA 1989) (noting that requests for admissions are matters of discovery not properly considered in granting judgment on the pleadings). Review of the pleadings in this case reveals major disputed issues of fact— whether there ever wa…
Authorities Cited
- State v. Kinner, 398 So. 2d 1360 (Fla. 1981)