WAYNE BEATON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WAYNE BEATON, APPELLANT,
STATE OF FLORIDA, APPELLEE
702 So. 2d 646
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Wayne Beaton, who was convicted of attempted burglary of a dwelling, appeals his sentence based on his claim that the trial court erred in allowing the state to bolster the victim’s identification on voir dire and direct examination. He concedes, however, that his attorney failed to raise objections to such comments below. As he failed to prop erly preserve these arguments for appellate review, we affirm.
POLEN, STEVENSON and GROSS, JJ., concur.
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Moossun v. Orlando Reg'l Health Care, 826 So. 2d 945 (Fla. 2002)…PER CURIAM. We have for review Moossun v. Orlando Regional Health Care, 760 So. 2d 193 (Fla. 5th DCA 2000), based on conflict with the decisions in Charyulu v. Mercy Hospital, Inc., 703 So. 2d 1155 (Fla. 3d DCA 1997), Brown v. Meyers, 702 So. 2d 646 (Fla. 4th DCA 1997), and Samuels v. Palm Beach Motor Cars Limited by Simpson, Inc., 618 So. 2d 310 (Fla. 4th DCA 1993), on the issue of whether a trial court’s order setting a case management conference constitutes sufficient “record activity” to pr…1 / 4
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Moossun v. Orlando Reg'l Health Care, 760 So. 2d 193 (Fla. 5th DCA 2000)…e at a status conference can significantly advance a cause toward resolution, for example, by narrowing the issues to be tried or through exploration of settlement possibilities. Id. at 311. The Fourth District followed Samuels in Brown v. Meyers, 702 So. 2d 646 (Fla. 4th DCA 1997), holding that the trial court’s mere issuance of an order setting a case for a status conference was sufficient record activity within the meaning of rule 1.420(e) to preclude dismissal of an action for lack of prosecution. The s…1 / 2
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Dakich v. Gilbert, 753 So. 2d 658 (Fla. 4th DCA 2000)…September 8, 1998 at which it argued its motion to amend the complaint. The court also treated the hearing as a status conference. This noticed hearing constituted record activity sufficient to preclude dismissal under the Rule. See Brown v. Meyers, 702 So. 2d 646 (Fla. 4th DCA 1997); Samuels v. Palm Beach Motor Cars Ltd. by Simpson, Inc., 618 So. 2d 310 (Fla. 4th DCA 1993); Wilcox v. Morse, 693 So. 2d 91, 92 (Fla. 2d DCA 1997). REVERSED. DELL, POLEN and GROSS, JJ., concur.…