MYRTLE GRAHAM AND LINTON GRAHAM, HER HUSBAND, APPELLANTS,

v.

YOKOHAMA RUBBER COMPANY, LTD., A JAPANESE CORPORATION; TOYOTA MOTOR COMPANY, LTD., A JAPANESE CORPORATION, AND BRYAN TOYOTA OF FORT LAUDERDALE, INC., D/B/A JIMMY BRYAN TOYOTA, APPELLEES

Citator

Cited By

• Rozier v. State, 603 So. 2d 120 (Fla. 5th DCA 1992)
  …robationary term and was stricken because it was not under oath. When the movant amended the motion after the expiration of the probationary term, the trial court denied the amended motion on ground of lack of jurisdiction. But cf. Gardner v. State, 548 So. 2d 900 (Fla. 1st DCA), rev. denied, 557 So. 2d 866 (Fla.1989). In the instant case the motion to amend or supplement the rule 3.850 motion was filed shortly after the deadline for filing the rule 3.850 motion, which itself had been timely filed. Only a fe…
• Lemus v. State, 585 So. 2d 388 (Fla. 2d DCA 1991)
  …fically referred to the defect as a “technicality” and indicated that the dismissal was “without prejudice.” Lemus promptly amended his motion.2 By that time, however, his term of probation had expired. For this reason, relying on Gardner v. State, 548 So. 2d 900 (Fla. 1st DCA 1989), the trial court determined it no longer had jurisdiction and denied the motion. We distinguish Gardner and conclude that the trial court should have reached the merits of Lemus’s motion. The trial court’s reference to “jurisdic…

Authorities Cited

• Stephen C.S. HU v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983)