ROY DUNNING, IN HIS INDIVIDUAL CAPACITY, APPELLANT,
v.
ROBERT PEREGOY, APPELLEE

Fla. 5th DCA | 1993-04-02
No. 92-2839
DAUKSCH and COBB, JJ., concur., DIAMANTIS, J., dissents with opinion.
617 So. 2d 1091 Florida District Court of Appeal, Fifth District (1993) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

DISMISSED.

DAUKSCH and COBB, JJ., concur.

DIAMANTIS, J., dissents with opinion.

Dissent
DIAMANTIS, Judge,

DIAMANTIS, Judge,

dissenting.

I dissent from the dismissal of this appeal. I would treat the appeal, under Florida Rule of Appellate Procedure 9.040(c), as a petition for certiorari and address the merits as the court did in the case of Tucker v. Resha, 610 So. 2d 460 (Fla. 1st DCA1992), which also involved a denial by the trial court of a motion for summary judgment based upon a claim of qualified immunity to a civil rights action filed pursuant to Title 42, section 1983.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Hopkins v. State, 632 So. 2d 1372 (Fla. 1994)
    …ily 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. 2d 205 (Fla.1993). In the instant case, defense counsel’s “confrontation rights” objection necessarily called into question whether the statutory procedures had been fol…
  • Sigmon v. State, 622 So. 2d 57 (Fla. 1st DCA 1993)
    …o find that the child witness would be traumatized, not by the courtroom generally, but by the presence of the defendant, [emphasis added] We conclude, however, that appellant has failed to preserve this issue for appellate review. Feller v. State, 617 So. 2d 1091 (Fla. 1st DCA 1993) (although defendant requested that he be present during videotaping of child victim’s testimony, he did not object to the trial court’s failure to make specific findings under section 92.53, Florida Statutes, and therefore failed…
    1 / 2
  • Haley Bascom Pippin v. State, 626 So. 2d 1091 (Fla. 1st DCA 1993)
    …trial signed by Appellant on June 10, 1988. Neither of these documents, however, appears in the record. As a preliminary matter, we observe that the allegations made in Appellant’s motion present a prima facie case for relief. See, Feller v. State, 617 So. 2d 1091, 1094 n. 3 (Fla. 1st DCA 1993); Cambrick v. State, 593 So. 2d 613, 614 (Fla. 2d DCA 1992). Since the trial court failed to attach the documents refuting Appellant’s claims, we must reverse and remand “for either attachment of those portions of the f…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw