JOHN MCKAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1997-04-09
No. 96-2829
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
694 So. 2d 61 Florida District Court of Appeal, First District (1997) Positive Treatment
Cited by 30 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, an inmate of the state correctional system, seeks review of a final order denying his motion requesting post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Appellant’s motion presented a number of issues, principally claiming ineffective assistance of trial counsel. The trial court denied relief. It said that “portions of the file demonstrating no entitlement to ... relief [were] appended to th[e] Order.” However, the only document attached to the order is a copy of a plea form. That document does not show conclusively that appellant is entitled to no relief on his ineffective assistance of counsel claims. Accordingly, we reverse, and remand for further proceedings as to those claims. Should the trial court again deny relief without a hearing, it shall attach to its order those portions of the record which show conclusively that appellant is entitled to no relief. The other issues presented by appellant’s motion should have been raised on direct appeal. Accordingly, we affirm the trial court’s order insofar as they are concerned.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

WEBSTER, MICKLE and LAWRENCE, JJ., concur.


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  • Williams v. Bear Stearns & Co., 725 So. 2d 397 (Fla. 5th DCA 1998)
    …mic loss rule. Appellant is correct that the economic loss rule does not apply to the claims against Franklin, Ramsey and Ramirez because those three defendants did not have a contractual relationship with NHL.3 See, e.g., Pearson v. Ford Motor Co., 694 So. 2d 61, 69 (Fla. 1st DCA 1997) (“The economic loss doctrine precludes parties to a contract to recover economic damages resulting from a breach of contract.”); Southland Constr. Inc. v. Richeson Corp., 642 So. 2d 5 (Fla. 5th DCA 1994) (economic loss rule d…
  • Invo Fla., Inc. v. Somerset Venturer, Inc., 751 So. 2d 1263 (Fla. 3d DCA 2000)
    …til the day of the transfer, three years after the contract was entered into. Thus, as Invo claims, it was never in a position to negotiate against their fraud. The economic loss rule is therefore inapplicable to them. See Pearson v. Ford Motor Co., 694 So. 2d 61, 69 (Fla. 1st DCA 1997)(economic loss rule does not bar claims where there is no contract between the parties). With respect to Count V against Landa and Ambrosio for breach of fiduciary duty, we hold that the economic loss rule has not abolished t…
  • Chakra 5 v. City of Miami Beach, 254 So. 3d 1056 (Fla. 3d DCA 2018)

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