JULIAN A. ELIAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-01-20
No. 94-04383
ALTENBERND, A.C.J., and THREADGILL and FULMER, JJ., concur.
649 So. 2d 883 Florida District Court of Appeal, Second District (1995) Caution
Cited by 21 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the summary denial of this motion for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We note, however, that Mr. Elias filed this motion on July 30, 1992. The circuit court did not enter its order summarily denying the motion until November 3, 1994. There may be an explanation for this long delay in the circuit court, but one is not apparent on the face of the record. We recognize that the circuit courts are faced with an abundant supply of postconviction motions, but 27 months is a long time for a prisoner to wait for a summary resolution of such a motion.

Affirmed.

ALTENBERND, A.C.J., and THREADGILL and FULMER, JJ., concur.


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Cited By (19 total)

  • Ferayorni v. Hyundai Motor Co. & Hyundai Motor Am. Corp., 711 So. 2d 1167 (Fla. 4th DCA 1998)
    …we have held that the failure to give a requested jury instruction is reversible error only when the rejected instruction was necessary for a proper resolution of the issues. See Auster v. Gertrude & Philip Strax Breast Cancer Detection Inst., Inc., 649 So. 2d 883, 887 (Fla. 4th DCA 1995). If a proper instruction on strict liability failure to warn would have been merely redundant of the negligence instruction actually given, then it could not have been necessary for a proper resolution of this case. Some ju…
  • Reyka v. Halifax Hosp. Dist., 657 So. 2d 967 (Fla. 5th DCA 1995)
    …able law, that the facts in the case support giving the instruction, and that the instruction was necessary in order to allow the jury to properly resolve all issues in the case. Auster v. Gertrude and Philip Strax Breast Cancer Detection Institute, 649 So. 2d 883 (Fla. 4th DCA 1995); Orange County v. Piper, 523 So. 2d 196 (Fla. 5th DCA), rev. denied, 531 So .2d 1354 (Fla.1988). In this case, it does not appear that the failure to give the requested instruction produced any prejudice, even if it should have…
  • …g Marrero v. Salkind, 433 So. 2d 1224 (Fla. 3d DCA 1983), petition for review denied, 444 So. 2d 418 (Fla.1984); Goodman v. Becker, 430 So. 2d 560 (Fla. 3d DCA 1983)). . Zigman; Auster v. Gertrude & Philip Strax Breast Cancer Detection Inst., Inc., 649 So. 2d 883 (Fla. 4th DCA 1995); Miller v. Court, 510 So. 2d 926, 927 (Fla. 4th DCA 1987) ("The standard jury instruction 5.1(b) on concurrent causes is applicable when the plaintiff’s injury is caused by a doctor’s negligence, acting upon and combined with the…

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