JOHN W. COSTINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1997-03-13
No. 96-2626
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
689 So. 2d 433 Florida District Court of Appeal, First District (1997) Caution
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s conviction and the sentence imposed thereon, but do so without prejudice to his right to present his claim of ineffective assistance of trial counsel by rule 3.850 motion filed in the trial court.

WEBSTER, MICKLE and LAWRENCE, JJ., concur.


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  • Baker v. Baker, 920 So. 2d 689 (Fla. 2d DCA 2006)
    …o. 2d 187 (Fla. 4th DCA 2004) (applying laches to claim for child support arrearages); Garcia v. Guerra, 738 So. 2d 459 (Fla. 3d DCA 1999) (holding that laches barred enforcement of child support arrearages); Davis v. Dep’t of Revenue ex rel. Davis, 689 So. 2d 433 (Fla. 5th DCA 1997) (applying laches to delayed claim for child support). Those cases are inapplicable to this one for two reasons. First, they involved the courts’ jurisdiction to enforce their judgments, whereas Susan came to court asking that it…
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    …lump sum of $16,247.27 in child support arrear-ages without making any prior financial arrangements and without the ability to maintain gainful employment due to a relatively recent disability. In Davis v. Department of Revenue on Behalf of Davis, 689 So. 2d 433, 435 (Fla. 5th DCA 1997), it was held that being denied the opportunity despite one’s efforts to share in the upbringing of one’s child is a legal prejudice. It is not entirely correct to say that Gaines was denied that opportunity, since he volunta…
  • Holmes v. SYX, 734 So. 2d 593 (Fla. 4th DCA 1999)
    …t the defense of laches to the claimed arrearage in child support, citing Phillips v. Adams, 339 So. 2d 665 (Fla. 4th DCA 1976). While laches can be a valid defense to an effort to collect child support arrearage, see Davis v. Department of Revenue, 689 So. 2d 433 (Fla. 5th DCA 1997); Robinson v. State, 473 So. 2d 228 (Fla. 5th DCA 1985); Phillips v. Adams. Holmes’ petition simply did not allege facts to establish the necessary elements of such defense. The petition alleged Holmes’ obligation to pay support…

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