EDGAR A. CASTANO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Castaño appeals from a summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Casta-ño argues he is entitled to a new trial because his trial attorney was ineffective for various reasons. The trial court addressed each of Castano’s arguments in a written order denying relief, with buttressing attachments, explaining why they are either factually or legally without merit. We affirm.
We caution Castaño to refrain from raising the same arguments which were made, or should have been made, on direct appeal, in the guise of an ineffective assistance of trial counsel claim. See Maharaj v. State, 684 So. 2d 726 (Fla.1996); Rose v. State, 675 So. 2d 567 (Fla.1996); Cherry v. State, 659 So. 2d 1069 (Fla.1995); Eight v. Dugger, 574 So. 2d 1066 (Fla.1990).
AFFIRMED.
SAWAYA and PLEUS, JJ., concur.
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Moser v. Barron Chase Sec., Inc., 783 So. 2d 231 (Fla. 2001)…recovering attorney’s fees incurred in litigating securities violations cases.5 The courts have long held that rights to attorney’s fees granted by statute are substantive rather than procedural. See, e.g., U.S. Security Insurance Co. v. Cahuasqui, 760 So. 2d 1101, 1107 (Fla. 3d DCA 2000). As such, the due process standards necessary in safeguarding such a right must provide for a “meaningful, full, and fair” hearing to the affected individual. Rucker v. City of Ocala, 684 So. 2d 836, 841 (Fla. 1st DCA 1996).…
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Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rose v. State, 675 So. 2d 567 (Fla. 1996)
- Cherry v. State, 659 So. 2d 1069 (Fla. 1995)
- Krishna Maharaj v. State, 684 So. 2d 726 (Fla. 1996)
- Kight v. Dugger, 574 So. 2d 1066 (Fla. 1990)