LEONARD NELSON, APPELLANT,

v.

AMSOUTH BANK OF FLORIDA AS SUCCESSOR P.R. OF THE ESTATE OF PATRICIA C. COLE, APPELLEES

Citator

Cited By

• Ocala Jockey Club, LLC v. Rogers, 981 So. 2d 1245 (Fla. 5th DCA 2008)
  …ount). That calculation simply requires a reduction of the total damages awarded under count I by $42,500. We note that the trial court correctly awarded prejudgment interest only on the amount of actual damages. See Nelson v. Am-South Bank of Fla., 699 So. 2d 810, 810 (Fla. 1st DCA 1997) (“Prejudgment interest may only be awarded on the amount actually stolen; it may not be awarded on the trebled amount.”). Appellants argue, and Rogers concedes, that the case should be remanded to the trial court for a prop…
• Wiley v. State, 729 So. 2d 501 (Fla. 1st DCA 1999)
  …tion that his prior motion was denied because it was legally insufficient and that his present motion for post-conviction relief is not a second or successive motion precluded by rule 3.850(f), Florida Rules of Criminal Procedure. Mitchell v. State, 699 So. 2d 810, 811 (Fla. 1st DCA 1997). Therefore, as to the second claim of ineffective assistance of counsel, we reverse and remand for the attachment of records conclusively demonstrating appellant is not entitled to any relief or for further proceedings under…
• Candyce Eileen Robinson v. State, 984 So. 2d 1281 (Fla. 1st DCA 2008)
  …not discern “whether the instant motion raised the same claims as before, and if so, whether it was denied on the merits, or whether the instant motion raised additional claims which could have been raised in the previous motion.” Mitchell v. State, 699 So. 2d 810, 811 (Fla. 1st DCA 1997). Accordingly, we reverse and remand for record attachments conclusively demonstrating appellant is entitled to no relief, or for further proceedings consistent with rule 3.850. See id.; Ranaldson v. State, 672 So. 2d 564, 56…

Authorities Cited

• Greenberg v. Grossman, 683 So. 2d 156 (Fla. 3d DCA 1996)