CHARLES A. SPANOLIA, AN INCOMPETENT, BY AND THROUGH HIS LEGAL GUARDIAN, JEAN SPANOLIA, AND JEAN SPANOLIA, HIS WIFE, INDIVIDUALLY, APPELLANTS,
v.
LEE'S CRANE SERVICE, INC., A FLORIDA CORPORATION, KOEHRING, INC., ETC., ET AL., APPELLEES

Fla. 4th DCA | 1992-12-23
No. 91-2274
HERSEY, DELL and STONE, JJ., concur.
612 So. 2d 1366 Florida District Court of Appeal, Fourth District (1992) Negative Treatment
Cited by 56 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Firestone Tire & Rubber Co. v. Acosta, 612 So. 2d 1361 (Fla.1992).

HERSEY, DELL and STONE, JJ., concur.


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  • Griffin v. State, 866 So. 2d 1 (Fla. 2003)
    …facto violation). Thus, even had counsel objected to the imposition of Griffin’s death sentence on these grounds, he would not have prevailed. Counsel cannot be deemed ineffective for failing to make these meritless arguments. See Melendez v. State, 612 So. 2d 1366, 1369 (Fla.1992). Thus, we affirm the circuit court’s summary denial of relief on this claim. Griffin also includes.an assertion that he is innocent of and ineligible for the death penalty. In order to prevail on such a claim, a defendant, “would h…
  • Schoenwetter v. State, 46 So. 3d 535 (Fla. 2010)
    …well v. Wainwright, 490 So. 2d 927, 932 (Fla.1986) (citations omitted). Where this Court has previously rejected a substantive claim on the merits, counsel cannot be deemed ineffective for failing to make a meritless argument. See Melendez v. State, 612 So. 2d 1366, 1369 (Fla.1992), receded from on other grounds by Deren v. State, 985 So. 2d 1087, 1088 (Fla.2008). Because both prongs of the Strickland test present mixed questions of law and fact, this Court employs a mixed standard of review, deferring to the…
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