EUGENE JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EUGENE JENKINS, APPELLANT,
STATE OF FLORIDA, APPELLEE
569 So. 2d 1389
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
We grant a petition for writ of habeas corpus and treat this ease as a belated appeal of the denial of appellant’s second motion for post-conviction relief filed in the St. Lucie County Circuit Court. Having considered the merits of the appeal, we affirm the order denying appellant’s second motion for post-conviction relief.
HERSEY, C.J., and STONE and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hanor v. The Honorable Harry G. Hinckley, Jr., 584 So. 2d 1129 (Fla. 4th DCA 1991)…trial judge referred several aspects of the case, i.e., temporary alimony and attorney’s fees, to a master over the objection of Hanor. Reference under those circumstances is prohibited by Florida Rule of Civil Procedure 1.490(c). Taylor v. Taylor, 569 So. 2d 1389 (Fla. 4th DCA 1990); Murphy v. Murphy, 558 So. 2d 532 (Fla. 4th DCA 1990). Accordingly, the writ shall issue. Pursuant thereto, the trial court shall vacate the order of reference and proceed in conformity with this opinion. DELL and GUNTHER, JJ…
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Garcia v. Garcia, 958 So. 2d 947 (Fla. 3d DCA 2007)…(Fla. 4th DCA 2001)(“Mandamus lies to compel a trial court to resolve issues without a special master when the trial court has referred such issues to resolution by special master without the consent of both sides to a dispute.”); Taylor v. Taylor, 569 So. 2d 1389 (Fla. 4th DCA 1990)(treating appeal from order of referral as both a petition for writ of prohibition and mandamus); see also Bathurst v. Turner, 533 So. 2d 939 (Fla. 3d DCA 1988). Florida Family Law Rule 12.490(b) provides in relevant part: (1) N…
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Pesut v. Miller, 773 So. 2d 1185 (Fla. 2d DCA 2000)…la. R. Civ. P. 1.490(c). Precedent requires that we grant the writ of mandamus and compel the trial court to resolve these disputes without the help of the special master. See Honor v. Hinckley, 584 So. 2d 1129 (Fla. 4th DCA 1991); Taylor v. Taylor, 569 So. 2d 1389 (Fla. 4th DCA 1990); Bathurst v. Turner, 533 So. 2d 939 (Fla. 3d DCA 1988). The Respondent filed a lawsuit against Daniel S. Pesut and several other defendants essentially alleging that Mr. Pesut, in his role as financial advisor, took unfair advan…
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