PAULINO FOX, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
PAULINO FOX, PETITIONER,
THE STATE OF FLORIDA, RESPONDENT
629 So. 2d 898
Florida District Court of Appeal, Third District (1993)
Negative Treatment
Cited by 44 cases
Opinion of the Court
Following review of this petition for writ of certiorari, together with the response thereto, it is ordered that said petition is hereby denied.
HUBBART and COPE, JJ., concur.
Dissent
GERSTEN, J.
would grant certiorari and remand for the trial court to conduct an evidentiary hearing pursuant to Younghans v. State, 90 So. 2d 308 (Fla.1956) and Fla. R.Crim.P. 3.691 because there is nothing in the record to support the trial court’s finding.
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David R. MAY Ad Litem of the Estate of Oscar T. Bradley v. Ill. Nat'l Ins. Co., 771 So. 2d 1143 (Fla. 2000)…imitations. See In re Estate of Parson, 570 So. 2d 1125, 1125-26 (Fla. 1st DCA 1990); Baptist Hospital of Miami, Inc. v. Carter, 658 So. 2d 560, 563 (Fla. 3d DCA 1995) (relying on reasoning of Estate of Parson); Wylie v. Inv. Mgmt. & Research, Inc., 629 So. 2d 898, 902 (Fla. 4th DCA 1993) (same), receded from on other grounds, Corporate Secs. Group v. Lind, 753 So. 2d 151 (Fla. 4th DCA 2000); Thames v. Jackson, 598 So. 2d 121, 123 (Fla. 1st DCA 1992) (same). After considering the relevant changes made to cha…
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O'Keefe Architects, Inc. v. CED Constr. P'rs, Ltd., 944 So. 2d 181 (Fla. 2006)…y” because “the parties have not clearly and unmistakably manifested an intent to have arbitrators decide the issue as to what specific claims they have agreed to arbitrate”) (emphasis supplied).7 In Wylie v. Investment Management & Research, Inc., 629 So. 2d 898 (Fla. 4th DCA 1993), the Fourth District considered who, under federal law, was to decide whether a claim was ineligible for arbitration under a National Association of Securities Dealers (NASD) rule which provided that claims more than six years ol…
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Pignato v. Great W. Bank, 664 So. 2d 1011 (Fla. 4th DCA 1995)…the United States Supreme Court are binding on the state courts of Florida. Board of County Comm’rs v. Dexterhouse, 348 So. 2d 916, 918 (Fla. 2d DCA 1977), aff'd, 364 So. 2d 449 (Fla.1978). While in Wylie v. Investment Management and Research Inc., 629 So. 2d 898, 900 (Fla. 4th DCA 1993), we indicated that according unusual weight to a decision on an issue rendered by a federal circuit in which the state is located is an appropriate method for deciding federal questions where there is no Supreme Court author…
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- Younghans v. State, 90 So. 2d 308 (Fla. 1956)