SAMUEL LOUIS FULLER, A/K/A JOHN OTIS BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
SAMUEL LOUIS FULLER, A/K/A JOHN OTIS BROWN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
642 So. 2d 138
Florida District Court of Appeal, Third District (1994)
Positive Treatment
Cited by 2 cases
Other
PER CURIAM.
We grant defendant’s motion for rehearing and withdraw the opinion released on May 24, 1994.
We affirm the trial court’s order denying defendant’s Rule 3.850 motion filed in trial court case number 90-8083. However, we do not address any issue as to trial court case number 88-41516: an order of this court in a related case has rendered moot any issue as to that case.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lipton v. First Union Nat'l Bank, 944 So. 2d 1256 (Fla. 4th DCA 2007)…d Danco Batteries, Inc., 627 So. 2d 492, 493 (Fla. 2d DCA 1993). “Upon appellate review, the findings óf the trial court are presumed correct.” Citibank, N.A. v. Julien J. Studley, Inc., 580 So. 2d 784, 785 (Fla. 3d DCA 1991). In Habie v. Krischer, 642 So. 2d 138 (Fla. 4th DCA 1994), this court was asked to determine if a statute was unconstitutionally vague in that it uses the phrase, “reasonably believes.” This court held: “Where a statute does not specifically define words of common usage, such words must…
-
State v. Wells, 965 So. 2d 834 (Fla. 4th DCA 2007)…hment if the guess is wrong. Id. Overall, “[a] vague statute is one that fails to give adequate notice of what conduct is prohibited and which because of its imprecision, may also invite arbitrary and discriminatory enforcement.” Habie v. Krischer, 642 So. 2d 138, 140 (Fla. 4th DCA 1994); see also Se. Fisheries Ass’n, Inc. v. Dep’t of Natural Res., 453 So. 2d 1351, 1353 (Fla.1984)(same). [*839] We conclude that the trial court did not err by finding section 316.191 vague and declaring it unconstitutional bot…