FRANK REYES, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
FRANK REYES, JR., APPELLANT,
THE STATE OF FLORIDA, APPELLEE
554 So. 2d 625
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 2 cases
Topics
Reservation Of Right To Appeal
Statute Of Limitations Defense
Nolo Contendere Plea
Writ Of Prohibition
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Opinion of the Court
Opinion on Rehearing
PER CURIAM.
We grant appellant’s motion for rehearing, withdraw our opinion dated September 26, 1989, and substitute for it the following opinion on rehearing:
Appellant entered a negotiated plea of nolo contendere with reservation of the right to appeal denial of his motion to dismiss on statute of limitations grounds. Because the identical issue was the subject of an earlier petition for writ of prohibition which this court denied, the denial is deemed to be a ruling on the merits. Obanion v. State, 496 So. 2d 977, 980 (Fla. 3d DCA 1986), review denied, 504 So. 2d 768 (Fla.1987). Even if Obanion were not controlling, the briefing of the petition for writ of prohibition was directed to the merits and not to any procedural deficiency. Under either analysis, we conclude that an earlier panel of this court has passed on the merits of defendant’s statute of limitations defense, see generally Rubin v. State, 390 So. 2d 322 (Fla.1980); State v. Garofalo, 453 So. 2d 905 (Fla. 4th DCA 1984), and the issue may not now be revisited.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Staffan R.B. Nordqvist, M.D. v. Rebeca Nordqvist, 586 So. 2d 1282 (Fla. 3d DCA 1991)…to apply the law of the case doctrine, but “we serve[d] notice to the bench and bar that in the future a denial of a petition for a writ of prohibition will, in fact, be a ruling on the merits, unless otherwise indicated.” Id. See Reyes v. State, 554 So. 2d 625 (Fla. 3d DCA 1989), rev. denied, 562 So. 2d 346 (Fla.1990); Freeman v. State, 554 So. 2d 621 (Fla. 3d DCA 1989), rev. denied, 562 So. 2d 345 (Fla.1990); Valsecchi v. Proprietors Ins. Co., 502 So. 2d 1310 (Fla. 3d DCA 1987); Florida Audubon Soc’y v.…
Authorities Cited
- Murray Rubin v. State, 390 So. 2d 322 (Fla. 1980)
- Bertrand Obanion v. State, 496 So. 2d 977 (Fla. 3d DCA 1986)
- State v. Garofalo, 453 So. 2d 905 (Fla. 4th DCA 1984)