DAVID EDWARD CRAWLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1989-03-08
No. 87-767
FRANK, A.C.J., and PARKER and ALTENBERND, JJ., concur.
539 So. 2d 1162 Florida District Court of Appeal, Second District (1989) Caution
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant’s contention that he was misadvised as to the consequences of his nolo contendere plea is not properly presented in a direct appeal; it should be raised in the trial court on a motion to withdraw the plea or a motion to vacate pursuant to rule 3.850 of the Florida Rules of Criminal Procedure.

The appeal is dismissed.

FRANK, A.C.J., and PARKER and ALTENBERND, JJ., concur.


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Citator

Cited By (12 total)

  • Coquina Beach Club Condo. Ass'n, Inc. v. Wagner, 813 So. 2d 1061 (Fla. 2d DCA 2002)
    …merits.” Lindell Motors, Inc. v. Morgan, 727 So. 2d 1112, 1113 (Fla. 2d DCA 1999). To be relieved of a default, a defendant must demonstrate excusable neglect, a meritorious defense, and due diligence in seeking relief. Ponderosa, Inc. v. Stephens, 539 So. 2d 1162, 1163 (Fla. 2d DCA 1989). In order to establish excusable neglect, a party must file an affidavit or a sworn statement that sets forth the facts explaining or justifying the mistake or inadvertence. See Armando, S.C.L. v. Piazza, 658 So. 2d 1169, 1…
  • Allstate Floridian Ins. Co. v. Ronco Inventions, LLC, 890 So. 2d 300 (Fla. 2d DCA 2004)
    …2d 1112, a three-day delay was determined to be reasonable. Likewise, six days was found to constitute due diligence in Goodwin, 559 So. 2d 109. In Marshall Davis, 558 So. 2d 206, the accepted delay was fifteen days; in Ponderosa, Inc. v. Stephens, 539 So. 2d 1162 (Fla. 2d DCA 1989), a next-day filing was considered reasonable. In sum, it appears that although this court has found that a fifteen-day delay constitutes due diligence while a six-month delay does not, we have enunciated no “bright line” rule by…
  • Allstate Ins. Co. v. Ladner, 740 So. 2d 42 (Fla. 1st DCA 1999)
    …ntaining a general denial and several affirmative defenses, including contributory negligence. Such was sufficient to demonstrate a meritorious defense for purposes of setting aside the interlocutory order of default See Ponderosa, Inc. v. Stephens, 539 So. 2d 1162, 1164 (Fla. 2d DCA 1989) (reversing denial of motion to vacate default and holding appellant’s unverified proposed answer containing general denial and affirmative defenses, including contributory and comparative negligence, established “meritorious…

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