VANCE LAMAR LARSEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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JOANOS, Judge.
Larsen appeals the denial, after hearing, of his motion for post-conviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure, which motion alleged numerous grounds for relief. We affirm the denial of the motion as to each of those grounds, and find that only one. merits brief discussion, namely, Larsen’s allegation that costs were imposed upon him pursuant to sections 960.20 and 943.25(4), Florida Statutes, without notice or opportunity to object. The trial court ruled that this issue was not properly raised in a 3.850 motion in that it could and should have been raised on direct appeal. We agree and affirm.
Pursuant to Rule 9.030(a)(2)(A)(iv), Florida Rules of Appellate Procedure, we certify that the decision herein expressly and directly conflicts with decisions of another district court of appeal on the same question of law. See Gordon v. State, 530 So. 2d 1113 (Fla. 5th DCA 1988) and Kirshner v. State, 533 So. 2d 322 (Fla. 5th DCA 1988).
THOMPSON and ZEHMER, JJ., concur.
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Ronbeck Constr. Co., Inc. v. Savanna Club Corp. & Savanna Club Realty Inc., 592 So. 2d 344 (Fla. 4th DCA 1992)…sion that does not expressly address the arbitration agreement or provision itself is, if it concerns something within the scope of the arbitration provision, also subject to arbitration. See Beaver Coaches Inc. v. Revels Nationwide R.V. Sales Inc., 543 So. 2d 359 (Fla. 1st DCA 1989); Physicians Weight Loss Centers of America Inc. v. Payne, 461 So. 2d 977 (Fla. 1st DCA 1984); and R.W. Roberts Construction Co. Inc. v. St. Johns River Water Management District, 423 So. 2d 630 (Fla. 5th DCA 1982). After the cit…
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Alterra Healthcare Corp. (as to Alterra Sterling House of Vero Beach & Clare Bridge Cottage of Vero Beach) v. Bryant, 937 So. 2d 263 (Fla. 4th DCA 2006)…92 (Fla.2005); Seifert, 750 So. 2d at 633). Thus, the trial court properly considered whether the arbitration and limitation of liability provisions were valid. Alterra relies primarily on Beaver Coaches, Inc. v. Revels Nationwide R.V. Sales, Inc., 543 So. 2d 359 (Fla. 1st DCA 1989), and Rollins, Inc. v. Lighthouse Bay Holdings, Ltd., 898 So. 2d 86 (Fla. 2d DCA 2005), to support its proposition that the trial court had no authority to determine the validity of the limitation of liability provisions. Both Bea…
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Alterra Healthcare Corp. & Deanne M. Smith as to Alterra Sterling House of Tallahassee v. The Est. OF Jeanette Kelley Linton, 953 So. 2d 574 (Fla. 1st DCA 2007)…t, to decide whether limitations on statutory remedies make an arbitration clause unenforceable. However, the cases on which the defendants rely are distinguishable from the present case. See Beaver Coaches, Inc. v. Revels Nationwide RV Sales, Inc., 543 So. 2d 359 (Fla. 1st DCA 1989) (limiting arbitrator’s review to limitations of liability that do not pertain to the arbitration clause itself and stating that arbitrator should be bound by parties’ specific agreement barring consequential damages, unless arbit…
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- Kirshner v. State, 533 So. 2d 322 (Fla. 5th DCA 1988)
- Gordon v. State, 530 So. 2d 1113 (Fla. 5th DCA 1988)