RICHARD EARL GOURLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD EARL GOURLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
608 So. 2d 886
Florida District Court of Appeal, Fifth District (1992)
Positive Treatment
Cited by 18 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s denial of appellant’s 3.850 motion for post-conviction relief. Because of the number of such motions and other matters that appellant has filed attacking his conviction we, in all future matters the appellant files, will only require the trial court to review the pleadings to ascertain whether they present a facially sufficient claim indicating substantial merit. If appellant’s pleadings do not meet this standard, the trial court will be free to dismiss, without opinion, all such pleadings.
AFFIRMED.
GOSHORN, C.J., and PETERSON and DIAMANTIS, JJ., concur.
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Auto-Owners Ins. Co. v. Tompkins, 651 So. 2d 89 (Fla. 1995)…ue are split over the proper answer. Both the second and fifth districts have held that a claimant may be awarded future economic damages without proof of a permanent injury. See Ketchen v. Dunn, 619 So. 2d 1010 (Fla. 2d DCA 1993); Smey v. Williams, 608 So. 2d 886 (Fla. 5th DCA 1992). Conversely, the third and fourth districts have clearly held that a claimant must prove a permanent injury as a threshold to obtaining future economic damages. Thieneman v. Cameron, 126 So. 2d 170, 171 (Fla. 3d DCA 1961); Fazzol…
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Gourley v. State, 787 So. 2d 184 (Fla. 5th DCA 2001)…State, 653 So. 2d 439 (Fla. 5th DCA), rev. dismissed, 660 So. 2d 713 (Fla.1995); Gourley v. State, 647 So. 2d 124 (Fla. 5th DCA 1994), rev. dismissed, 654 So. 2d 130 (Fla.1995); Gourley v. State, 620 So. 2d 776 (Fla. 5th DCA 1993); Gourley v. State, 608 So. 2d 886 (Fla. 5th DCA 1992); Gourley v. State, 595 So. 2d 58 (Fla. 5th DCA 1992); Gourley v. State, 484 So. 2d 28 (Fla. 5th DCA 1986), appeal dismissed, 488 So. 2d 67 (Fla.1986); Gourley v. State, 474 So. 2d 230 (Fla. 5th DCA 1985); Gourley v. State, 432 So…
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Standard Jury Instructions-Civil Cases (1.0, 613 So. 2d 1316 (Fla. 1993)…conomic damages only. If claimant does not establish permanency, claimant may still be entitled to recover economic damages that exceed personal injury protection benefits. See § 627.737(2), Fla.Stat. (1991); Smey v. Williams, 17 Fla.L.Weekly 2477, [608 So. 2d 886] (Fla. 5th DCA 1992); Cronin v. Kitler, 485 So. 2d 440 (Fla. 2d DCA), review denied, 492 So. 2d 1333 (Fla.1986); McClellan v. Industrial Fire & Casualty Ins. Co., 475 So. 2d 1015 (Fla. 4th DCA 1985); Bennett v. Florida Farm Bureau Casualty Ins. Co.,…
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