DANIEL DAVID BROOKS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DANIEL DAVID BROOKS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
755 So. 2d 198
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Defendant appeals from the denial of his motion for postconviction relief. We reverse and remand with directions for the trial court to conduct an evidentiary hearing to determine whether defendant’s trial counsel failed to investigate or call to testify witnesses whom defendant had identified as alibi witnesses, and whether that failure constituted ineffective assistance of counsel. See McPhee v. State, 728 So. 2d 332 (Fla. 3d DCA 1999).
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mauna LOA Invs., LLC v. Anamaria Santiago, 122 So. 3d 520 (Fla. 3d DCA 2013)…f action against the said defendant.” Sunshine Sec. & Detective Agency v. Wells Fargo Armored Servs. Corp., 496 So. 2d 246, 246 (Fla. 3d DCA 1986); accord Moynet v. Courtois, 8 So. 3d 377, 378-79 (Fla. 3d DCA 2009); Morales v. All Right Miami, Inc., 755 So. 2d 198, 198 (Fla. 3d DCA 2000); Ginsberg v. Lennar Fla. Holdings, Inc., 645 So. 2d 490 (Fla. 3d DCA 1994); Becerra v. Equity Imports, Inc., 551 So. 2d 486 (Fla. 3d DCA 1989). A default judgment must be set aside where the complaint fails to state a cause o…1 / 2
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United Auto. Ins. Co. v. Buchalter, 344 So. 3d 474 (Fla. 4th DCA 2022)…8, 330 (Fla. 2004). But that does not complete our analysis. The default entered against United as a sanction did not authorize the county court to enter a final judgment on counts that were legally insufficient. Morales v. All Right Miami, Inc., 755 So. 2d 198, 198 (Fla. 3d DCA 2000). United had a right to argue the Provider’s claims failed to state a cause of action. Fla. R. Civ. P. 1.140(h)(2) (“The defenses of failure to state a cause of action . . . may be raised by motion for judgment on the pleadi…
Authorities Cited
- Shurben v. Lunn Poly Ltd., 728 So. 2d 332 (Fla. 3d DCA 1999)
- McPHEE v. State, 728 So. 2d 332 (Fla. 3d DCA 1999)