STACY FRANK, PETITIONER,
v.
MARK K. STRALEY, RESPONDENT
STACY FRANK, PETITIONER,
MARK K. STRALEY, RESPONDENT
602 So. 2d 1278
Florida Supreme Court (1992)
Caution
Cited by 44 cases
Opinion of the Court
PER CURIAM.
We have for review Straley v. Frank, 585 So. 2d 334 (Fla. 2d DCA 1991), disapproved, Robertson v. Robertson, 593 So. 2d 491 (Fla.1991), based on express and direct conflict with Robertson. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The opinion below is quashed, and this cause is remanded for reconsideration in light of Robertson.
It is so ordered.
BARKETT, C.J., and OVERTON, MCDONALD, SHAW, KOGAN and HARDING, JJ., concur. GRIMES, J., recused.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Heart OF Adoptions, Inc. v. J.A., 963 So. 2d 189 (Fla. 2007)…s the word “may,” “it is settled that the word ‘may’ is not always permissive, but may be a word of mandate in the appropriate context ... especially ... where the statute in question is necessary to preserve a constitutional right.” Myles v. State, 602 So. 2d 1278, 1281 (Fla.1992). Only an interpretation of this notice provision as mandatory will preserve the protected interest of a known, unmarried biological father in the opportunity to develop a relationship with his child that is being placed for adoption…
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Hopkins v. State, 632 So. 2d 1372 (Fla. 1994)…2d 315, 318 (Fla.1990) (quoting with approval Jag-gers v. State, 536 So. 2d 321, 329 (Fla. 2d DCA 1988)).2 Thus, the factual findings required by section 92.54 are necessarily related to the constitutional right to confrontation. Cf. Myles v. State, 602 So. 2d 1278,1281 (Fla.1992) (discussing the interrelation of the findings required by Maryland v. Craig and those required by section 92.54); see also Feller v. State, 617 So. 2d 1091, 1097 (Fla. 1st [*1376] DCA) (Zehmer, J., dissenting), review granted, 626 So…
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Kearse v. State, 605 So. 2d 534 (Fla. 1st DCA 1992)…607, 610-11 (5th Cir.1982). Waiver may appear if it is reasonably shown that the defendant has abandoned an initial request for self-representation. [*538] Id. See also Myles v. State, 582 So. 2d 71, 72 (Fla. 3d DCA 1991), quashed on other grounds, 602 So. 2d 1278 (Fla.1992). In the instant case, the state contends that appellant waived his right to represent himself in that, after his request to proceed pro se was denied, he requested continuances for the purpose of speaking with his attorney about adopting…
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- Robertson v. Robertson, 593 So. 2d 491 (Fla. 1991)
- Straley v. Frank, 585 So. 2d 334 (Fla. 2d DCA 1991)