ALLEN R. LAVAOLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALLEN R. LAVAOLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
616 So. 2d 627
Florida District Court of Appeal, First District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Allen R. Lavaoley appeals his conviction and sentences for grand theft and trafficking in stolen property, alleging ineffective assistance of counsel. Mr. Lavaoley pled no contest to the charges. Appellant’s argument does not fall within the exception to the general rule that ineffectiveness of counsel may not be raised for the first time on direct appeal. Blanco v. Wainwright, 507 So. 2d 1377 (Fla.1987); Harris v. State, 580 So. 2d 243 (Fla. 1st DCA 1991); Fasano v. State, 548 So. 2d 1191 (Fla. 4th DCA 1989).
AFFIRMED.
ALLEN, WOLF and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Millinger v. Broward Cnty. Mental Health Div. & Risk Mgmt., 672 So. 2d 24 (Fla. 1996)…s interpreted as giving a JCC the authority to rescind his approval of a settlement upon discovering that the settlement was based on the claimant’s “flagrant fraud and misrepresentations.” Id. at 884; see also Atlantis Nursing Center v. Drinkwater, 616 So. 2d 627 (Fla. 1st DCA 1993); Oakdell, Inc. v. Gallardo, 505 So. 2d 672 (Fla. 1st DCA 1987). Millinger asserts that, because there is no qualitative difference between Morgan Yacht and this case, the JCC had authority under section 440.33(1) to vacate and r…
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Millinger v. Broward Cnty. Mental Health Div. & Risk Mgmt., 655 So. 2d 104 (Fla. 1st DCA 1994)…That case and those that follow it appear to be limited to the specific situation where there has been a stipulation procured by fraud, which can be addressed by way of a petition for modification. See, e.g., Atlantis Nursing Center v. Drink-water, 616 So. 2d 627 (Fla. 1st DCA 1993), citing Morgan Yacht and Oakdell, Inc. v. Gallardo, 505 So. 2d 672 (Fla. 1st DCA 1987); and Metropolitan Dade County v. Barry, 614 So. 2d 666 (Fla. 1st DCA 1993). . Fla.R.Worlc.Comp.P. 4.141(b), which addresses the JCC’s authori…
Authorities Cited
- Blanco v. Louie L. Wainwright, 507 So. 2d 1377 (Fla. 1987)
- Sammie Lee Harris v. State, 580 So. 2d 243 (Fla. 1st DCA 1991)
- Fasano v. State, 548 So. 2d 1191 (Fla. 4th DCA 1989)