EDDIE LEE SEXTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
EDDIE LEE SEXTON, PETITIONER,
STATE OF FLORIDA, RESPONDENT
643 So. 2d 53
Florida District Court of Appeal, Second District (1994)
Positive Treatment
Cited by 18 cases
Opinion of the Court
PER CURIAM.
Petitioner seeks certiorari review of the circuit court’s order compelling him to provide reciprocal discovery of matters pertaining to the penalty phase of this capital case. He essentially contends that Florida Rule of Criminal Procedure 3.220 does not apply to the penalty phase of a trial. We disagree and concur with our sister court’s holding in Booker v. State, 634 So. 2d 301 (Fla. 5th DCA 1994).
Petition denied.
DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.
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Dracon Constr., Inc. v. Facility Constr. Mgmt., Inc., 828 So. 2d 1069 (Fla. 4th DCA 2002)…section] 713.21(4) is a special statutory proceeding and a lienor must strictly comply with its provisions to protect his lien.” Goldberger v. United Plumbing & Heating, Inc., 358 So. 2d 860, 863 (Fla. 4th DCA 1978); accord Sturge v. LCS Dev. Corp., 643 So. 2d 53, 55 (Fla. 3d DCA 1994). Florida Rule of Civil Procedure 1.010 provides that for a special statutory proceeding, unless the civil rules “specifically provide to the contrary,” it is the statute governing the proceeding that controls the form, content…
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BNP Paribas v. Wynne, 944 So. 2d 1004 (Fla. 4th DCA 2005)…procedure.” Dracon Constr., Inc. v. Facility Constr. Mgmt., 828 So. 2d 1069, 1071 (Fla. 4th DCA 2002) (followed in City of Coconut Creek v. City of Deerfield Beach, 840 So. 2d 389, 392 (Fla. 4th DCA 2003)). In Sturge v. LCS Development Corporation, 643 So. 2d 53 (Fla. 3d DCA 1994), the trial court properly denied a motion for enlargement of time to respond to a complaint to discharge a construction lien where the motion was filed on the statutory deadline. “The statute does not contain a provision authorizi…
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Doral Collision Ctr., Inc. v. Daimler Tr., 341 So. 3d 424 (Fla. 3d DCA 2022)
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- Booker v. State, 634 So. 2d 301 (Fla. 5th DCA 1994)