JAMES N. HOUCK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES N. HOUCK, APPELLANT,
STATE OF FLORIDA, APPELLEE
704 So. 2d 605
Florida District Court of Appeal, First District (1997)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
The trial court denied the appellant’s Florida Rule of Criminal Procedure 3.850 motion, referring inter alia to the trial court record. However, the pertinent portions of the trial court record were not attached to the order of denial as required by rule 3.850(d). We, therefore, reverse the order denying the motion and remand to the trial court for an evidentiary hearing or for attachment of that portion of the files and records of the trial court that conclusively shows that the appellant is entitled to no relief. Cooper v. State, 700 So. 2d 734 (Fla. 1st DCA 1997).
BARFIELD, C.J., and DAVIS and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904 (Fla. 4th DCA 2013)…ng to individually pursue the circuit court action. Damages Under Florida’s Whistleblower Act As codified in section 448.102, Florida’s Whistleblower Act (“FWA”) is an exception to Florida’s at-will employment doctrine, Schultz v. Tampa Elec. Co., 704 So. 2d 605, 605 (Fla. 2d DCA 1997), in that it “provides employees a cause of action against employers who wrongfully discharge them for ... objecting to or refusing to participate in the employer’s illegal practices.” Vanacore v. UNC Ardco Inc., 697 So. 2d 89…
-
Jenkins v. The Golf Channel, 714 So. 2d 558 (Fla. 5th DCA 1998)…] Act, 71 Nov. Fla. B.J. 43 (1997) (author argues that the written notice requirement must apply to all whistle blower actions). The Whistle Blower’s Act is remedial in nature and so should be liberally construed. See Schultz v. Tampa Electric Co., 704 So. 2d 605 (Fla. 2d DCA 1997); see also Arrow Air, Inc. v. Walsh, 645 So. 2d 422 (Fla.1994). The purpose of the Whistle Blower’s Act is to protect private employees who report or refuse to assist employers who violate laws enacted to protect the public. Arrow…
-
McEOWEN v. Jones Chem., Inc., 745 So. 2d 991 (Fla. 2d DCA 1999)…1)(c) fail to disclose any illegal activity, policy, or practice of Jones Chemical, Inc. Thus, the memoranda are insufficient to satisfy the notice requirement under subsection 448.103(1)(e). See § 448.103(1)(c); see also Schultz v. Tampa Elec. Co., 704 So. 2d 605 (Fla. 2d DCA 1997) (affirming a dismissal of a complaint where plaintiffs memorandum failed to sufficiently state the illegal activity of the employer). We, accordingly, affirm the summary judgment in favor of Jones Chemical, Inc., and we certify c…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cooper v. State, 700 So. 2d 734 (Fla. 1st DCA 1997)