BARON DORSEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1995-04-12
No. 95-804
Before LEVY, GERSTEN and GREEN, JJ.
652 So. 2d 1271 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 17 cases


Opinion of the Court
GERSTEN, Judge.

GERSTEN, Judge.

Appellant, Baron Dorsey, appeals the denial of his rule 3.850 motion seeking post conviction relief. Based upon the trial court’s well reasoned order, and the attached portions of the record which clearly refute the defendant’s claims, we have no reservations in affirming the order on appeal.

We are well aware of the burdensome calendars and incredible caseload that our criminal courts face on a daily basis. However, all too often this court receives boilerplate orders of denial containing no supporting documentation, which obviously necessitates reversal. This practice is a waste of judicial resources at both the appellate and trial court levels. We commend the trial court for intelligent and thoughtful conservation of a court’s most valuable resource ... time.

Affirmed.


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Citator

Cited By (16 total)

  • Allstate Floridian Ins. Co. v. Ronco Inventions, LLC, 890 So. 2d 300 (Fla. 2d DCA 2004)
    …sable neglect. See Edwards v. City of Fort Walton Beach, 271 So. 2d 136 (Fla.1972); Finkel Outdoor Prods., Inc. v. Lasky, 529 So. 2d 317 (Fla. 2d DCA 1988); Shaker Lakes Apts. Co. v. Dolinger, 714 So. 2d 1040 (Fla. 1st DCA 1998); Venero v. Balbuena, 652 So. 2d 1271 (Fla. 3d DCA 1995). Thus the critical leg of the legal tripod in this case is the due diligence requirement. In Techvend, Inc. v. Phoenix Network, Inc., 564 So. 2d 1145 (Fla. 3d DCA 1990), the Third District proposed twenty days “as a rule of thumb…
  • Joe-Lin, Inc. v. LRG Rest. Grp., Inc., 696 So. 2d 539 (Fla. 5th DCA 1997)
    …ant could establish excusable neglect and a meritorious defense. The trial court held a hearing on January 6, 1997 and set aside the default. Florida courts have a strong public policy preference to decide cases on their merits. Venero v. Balbuena, 652 So. 2d 1271 (Fla. 3d DCA 1995). However, it is an abuse of discretion for the trial court to set aside a default judgment where the defendant has not demonstrated excusable neglect and a meritorious defense. Armando v. Plazza, 658 So. 2d 1169 (Fla. 2d DCA 1995)…
  • Allied Roofing Indus., Inc. v. Denilo Venegas, 862 So. 2d 6 (Fla. 3d DCA 2003)
    …n “as soon as the suit was filed”). Whenever possible, cases should be determined on their merits, not on irrelevant technicalities. See, e.g., Puga v. Suave Shoe Corp., 417 So. 2d 678, 679 (Fla. 3d DCA 1981) (en banc); see also Venero v. Balbuena, 652 So. 2d 1271, 1272 (Fla. 3d DCA 1995) (“Florida policy dictates a preference that cases be decided on their merits”). - Here, Allied’s representations that it was entitled to maintain this foreclosure action because - it was in the process of winding up — as opp…

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