VICTOR T. HICKOX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1995-06-19
No. 94-96
ERVIN, MINER and BENTON, JJ., concur.
658 So. 2d 560 Florida District Court of Appeal, First District (1995) Negative Treatment
Cited by 30 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s post-conviction motion raises claims of newly discovered evidence and ineffective assistance of counsel. We affirm in regard to the latter claims. In regard to the claim of newly discovered evidence, we remand to the trial court for an evidentiary hearing or to attach portions of the record refuting the allegation.

ERVIN, MINER and BENTON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • Major League Baseball v. Morsani, 790 So. 2d 1071 (Fla. 2001)
    …e requires us to hold that section 733.702 is a statute of limitations. Valid grounds such as estoppel or fraud, may exist that would and should excuse untimely claims."). . See supra note 9. . See, e.g., Baptist Hospital of Miami, Inc. v. Carter, 658 So. 2d 560, 563 (Fla. 3rd DCA 1995) ("It is well settled ... as a general rule ... that fraud or misrepresentation that misleads a claimant into a justified failure to assert his rights bars reliance on a statute of limitations.”); Alachua County v. Cheshire,…
  • …1986,9 to support a finding that section 733.702 now operates as a jurisdictional statute of nonclaim, not a statute of limitations. See In re Estate of Parson, 570 So. 2d 1125, 1125-26 (Fla. 1st DCA 1990); Baptist Hospital of Miami, Inc. v. Carter, 658 So. 2d 560, 563 (Fla. 3d DCA 1995) (relying on reasoning of Estate of Parson); Wylie v. Inv. Mgmt. & Research, Inc., 629 So. 2d 898, 902 (Fla. 4th DCA 1993) (same), receded from on other grounds, Corporate Secs. Group v. Lind, 753 So. 2d 151 (Fla. 4th DCA 2000…
  • …e claimant, as a result of such municipal conduct, in good faith fails to act, or acts thereon to his disadvantage, then an estoppel against the requirement of the notice may be said to arise.”). . See, e.g., Baptist Hosp. of Miami, Inc. v. Carter, 658 So. 2d 560, 563 (Fla. 3rd DCA 1995) ("It is well settled ... as a general rule ... that fraud or misrepresentation which misleads a claimant into a justified failure to assert his rights bars reliance on a statute of limitations.”); Alachua County v. Cheshire,…
    1 / 2

Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw