ERNEST J. SOLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2000-05-12
No. 5D99-2406
COBB, HARRIS and PLEUS, JJ., concur.
757 So. 2d 590 Florida District Court of Appeal, Fifth District (2000) Positive Treatment
Cited by 33 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See State v. Causey, 503 So. 2d 321 (Fla.1987).

COBB, HARRIS and PLEUS, JJ., concur.


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  • FOX v. Prof'l Wrecker Operators OF Fla., Inc., 801 So. 2d 175 (Fla. 5th DCA 2001)
    …d by the outcome of the litigation.” Provence, 676 So. 2d at 1024. The de novo standard of review also applies to review an order of dismissal based on lack of standing. Putnam County Envtl. Council, Inc. v. Board of County Comm’rs of Putnam County, 757 So. 2d 590, 594 (Fla. 5th DCA 2000) (“[W]e note that the standard of review for the dismissal of a complaint for failure to allege facts establishing the plaintiffs standing is de novo review.”). Thus we proceed to review the issues presented to us in these pr…
  • Payne v. City OF Miami, 927 So. 2d 904 (Fla. 3d DCA 2005)
    …issue of standing. This Court must accept all the material allegations as true, and construe them in favor of the challenged party. Odham v. Foremost Dairies, Inc., 128 So. 2d 586 (Fla.1961); Putnam Co. Envtl. Council, Inc. v. Bd. of County Comm’rs, 757 So. 2d 590, 594 (Fla. 5th DCA 2000). Therefore, the only issue [*910] presently before this Court is whether the allegations contained in Herbert Payne’s (“Payne”) and the Miami River Marine Group’s (“Marine Group”) amended complaint, on their face, satisfy th…
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  • Wheeler v. Powers, 972 So. 2d 285 (Fla. 5th DCA 2008)
    …erest at stake in the controversy which will be affected by the outcome of the litigation.” Id. at 817. Orders of dismissal based on a lack of standing must be reviewed de novo. Putnam County Envtl. Council, Inc. v. County Comm’rs of Putnam County, 757 So. 2d 590 (Fla. 5th DCA 2000). “In determining whether to dismiss a complaint for lack of standing, we must confine our review to the four corners of the complaint, draw all inferences in favor of the pleader, and accept all well-pled allegations in the compl…

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