KENNETH EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMPSON, Judge.
AFFIRMED. We affirm the summary denial of Edwards’ 3.800(a)1 motion for post-conviction relief without prejudice. Although Edwards argues that the court imposed improper consecutive habitual offender sentences because they arose out of a single factual event, Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the correct remedy to seek relief is a properly filed Rule 3.850 motion. See Massey v. State, 648 So. 2d 785 (Fla. 5th DCA 1994); Borders v. State, 643 So. 2d 110 (Fla. 2d DCA 1994); Callaway v. State, 642 So. 2d 636 (Fla. 2d DCA 1994) (question certified).
HARRIS, C.J., and GRIFFIN, J., concur. . See Fla.R.Crim.P. 3.800(a).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
Fla. Birth-Related Neurological Injury Comp. Ass'n v. Florida Division OF Administrative Hearings, 686 So. 2d 1349 (Fla. 1997)…embraced within its terms.... [and] a legal representative of an infant should be free to pursue common law remedies for damages resulting in an injury not encompassed within the express provisions of the Plan. Humana of Florida, Inc. v. McKaughan, 652 So. 2d 852, 859 (Fla. 2d DCA 1995)) (citation [*1355] omitted); see also Carlile v. Game & Fresh Water Fish Comm’n, 354 So. 2d 362, 364 (Fla.1978); Adventist Health System/Sunbelt v. Hegwood, 569 So. 2d 1295 (Fla. 5th DCA 1990) (stating that statutes designed…
-
Fla. Birth-Related Neurological Injury Comp. Ass'n v. Jaimes McKAUGHAN and Darlene McKaughan, 668 So. 2d 974 (Fla. 1996)…VERAGE OF THE PLAN MUST AUTOMATICALLY ABATE THAT ACTION WHEN THE PLAN’S IMMUNITY IS RAISED AS AN AFFIRMATIVE DEFENSE PENDING A DETERMINATION BY THE HEARING OFFICER AS TO THE EXACT NATURE OF THE INFANT’S INJURY? Humana of Florida, Inc. v. McKaughan, 652 So. 2d 852, 863 (Fla. 2d DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We agree with the district court that the Birth-Related Neurological Injury Compensation Plan (hereinafter the NICA plan or the plan), sections 766.301-.316, Florida Statu…
-
Bennett v. ST. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011)…hould be strictly construed to include only those subjects clearly embraced within its terms.” Fla. Birih-Related Neuro. Injury Comp. Ass’n v. Fla. Div. of Admin. Hearings, 686 So. 2d 1349, 1354 (Fla.1997) (quoting Humana of Fla., Inc. v. McKaughan, 652 So. 2d 852, 859 (Fla. 2d DCA 1995)). The NICA Plan does not cover all incidents of brain damage sustained by an infant delivered by an obstetrician. No party in this case contends that the statute provides immunity from suit to physicians practicing obstetric…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Callaway v. State, 642 So. 2d 636 (Fla. 2d DCA 1994)
- Massey v. State, 648 So. 2d 785 (Fla. 5th DCA 1994)
- Borders v. State, 643 So. 2d 110 (Fla. 2d DCA 1994)