PAUL RAY MANSUETO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Paul Ray Mansueto has appealed the denial of his Motion to Correct Illegal Sentence. We treat this case as a belated appeal because the record does not reflect that Man-sueto was advised of his right to appeal the ruling within thirty days. Moreover, because the trial court denied the motion by stamp without attaching any documentation to refute Mansueto’s claims, we reverse and remand this case. On remand, the trial court may again deny the motion and either attach to its order those portions of the record which demonstrate that Mansueto is not entitled to relief or conduct an evidentiary hearing to determine the merits of the claims regarding an illegal sentence.
SCHOONOVER, AC.J., and BLUE and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Broadfoot v. Rocio E. Broadfoot, 791 So. 2d 584 (Fla. 3d DCA 2001)…entered without required findings, then a motion for rehearing should be filed, requesting findings. As a general rule, we decline to consider claims which were not presented in the first instance in the trial court. See, e.g., Rokicki v. Rokicki, 660 So. 2d 362, 364 (Fla. 3d DCA 1995). In this case there is no indication that the need for statutory findings was called to the attention of the trial court. Where, as here, the basis for the award is reasonably clear and supported by the record, we decline to…
-
Evans v. Deidre Murphy, 159 So. 3d 199 (Fla. 3d DCA 2015)…PER CURIAM. Affirmed. See Murphy v. Murphy, 96 So. 3d 1034 (Fla. 3d DCA 2012); Rokicki v. Rolcicki, 660 So. 2d 362 (Fla. 3d DCA 1995); [*200] Newell v. Newell, 464 So. 2d 222 (Fla. 3d DCA 1985).…
-
Pineiro v. Am. Express Card Servs. Co., Barry S. Franklin & Assocs., P.A., 105 So. 3d 614 (Fla. 4th DCA 2013)…ns on appeal that the law firm did not offer either expert or sworn testimony to support the rate charged, she failed to raise these objec [*616] tions in the trial court, so the issues were not properly preserved for appeal. See Rokicki v. Rokicki, 660 So. 2d 362, 864 (Fla. 3d DCA 1995). As to the amount awarded, Pineiro has not carried her burden of demonstrating error. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979). We reverse that portion of the final judgment that entitle…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence