EARL DEMPSEY, PETITIONER,

v.

FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT

Citator

Cited By

• Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000)
  …was otherwise misplaced and should be re-issued in the interest of justice. The state cites Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998), Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983) and Dempsey v. Florida Department of Corrections, 765 So. 2d 95 (Fla. 1st DCA 2000). We write to address the suggestion that petitioner’s proper remedy to obtain belated appeal from an order denying a rule 3.850 motion is to file a motion pursuant to a rule of civil procedure. We find that the reliance on Brown…
• Shumrak v. Broken Sound Club, Inc., 898 So. 2d 1018 (Fla. 4th DCA 2005)
  …associations, and the enforcement of rules and regulations by homeowners’ associations is subject to judicial review. See Emerald Estates Cmty. Ass’n. v. Gorodetzer, 819 So. 2d 190 (Fla. 4th DCA 2002); Lakeridge Greens Homeowners Ass’n v. Silberman, 765 So. 2d 95 (Fla. 4th DCA 2000). Accordingly, Shumrak concludes that property rights are implicated by his possible expulsion from the club, and thus, Broken Sound is more homeowners’ association than private social club, making its disciplinary decisions subje…
• Marybeth Leamer v. White, 156 So. 3d 567 (Fla. 1st DCA 2015)
  …(Fla. 1st DCA 1992) [*571] (satellite television dish is a “structure” subject to restrictive covenant, which architectural review board applied fairly by prohibiting in front and side yards). . Lakeridge Greens Homeowners Ass’n, Inc. v. Silberman, 765 So. 2d 95 (Fla. 4th DCA 2000) (hanging of 2' x 4' terra cotta plaque, "which depicts three, clothed cherubs pouring water from a pail,” subject to approval of community architectural control board).…

Authorities Cited

• Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983)
• Nugent Hutchins v. Gale Indus. & Scibal Assocs. of Fla., Inc., 708 So. 2d 1041 (Fla. 1st DCA 1998)
• Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998)