BURKE WASHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1996-08-28
No. 95-01920
ALTENBERND, A.C.J., and LAZZARA and QUINCE, JJ., concur.
680 So. 2d 573 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm ffie appellant’s judgment and sentences. Our affirmance, however, is without prejudice to the appellant filing a motion for posteonviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

ALTENBERND, A.C.J., and LAZZARA and QUINCE, JJ., concur.


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  • Long Term Mgmt., Inc. v. Univ. Nursing Care Ctr., Inc., 704 So. 2d 669 (Fla. 1st DCA 1997)
    …nor litigated by the parties during the hearing on the pleadings as made, a decree adjudicating such issue is, at least, voidable on appeal.” See also Wallace v. Townsell, 471 So. 2d 662, 665 (Fla. 5th DCA 1985). UNCC relies upon Naghtin v. Jones, 680 So. 2d 573 (Fla. 1st DCA 1996), review denied, 691 So. 2d 1080 (Fla.1997), for the proposition that the trial court had continuing jurisdiction to enforce a settlement agreement in any case still pending before it. In Naghtin v. Jones, this court explained: E…
  • Haridopolos v. Citizens FOR Strong Schs., Inc., 78 So. 3d 605 (Fla. 1st DCA 2011)
    …of a trial that an appeals court may later determine to have been unnecessary is not a proper ground [*608] for the grant of a petition for writ of common law certiorari. Every order denying a motion to dismiss is of this nature.” Naghtin v. Jones, 680 So. 2d 573, 576 (Fla. 1st DCA 1996). See Leibman v. Sportatorium, Inc., 374 So. 2d 1124, 1124 (Fla. 4th DCA 1979) (that petitioner might have to go through an unnecessary trial did not constitute material injury of an irreparable nature warranting grant of an…
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  • Bondi v. Tucker, 93 So. 3d 1106 (Fla. 1st DCA 2012)
    …ridgen v. Board of County Comm’rs of Orange County, 389 So. 2d 259 (Fla. 5th DCA 1980), review denied, 397 So. 2d 777 (Fla.1981), the present case does not warrant the grant of a petition for writ of common law certiorari, either.” Naghtin v. Jones, 680 So. 2d 573, 576 (Fla. 1st DCA 1996). Apart from the absence of another, adequate remedy, certiorari relief also requires the petitioner to demonstrate a departure from the essential requirements of law in the lower tribunal causing “material injury to the peti…

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