STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, PETITIONER,
v.
GREGORY GROVE, RESPONDENT
QUINCE, J.
We have for review State Farm Mutual Automobile Insurance Co. v. Grove, 730 So. 2d 428 (Fla. 5th DCA 1999), in which the Fifth District Court of Appeal cited as controlling authority Cimino v. U.S. Security Insurance Co., 715 So. 2d 1092 (Fla. 1st DCA 1998), approved, 754 So. 2d 697 (Fla.2000), which was then pending on review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418, 420 (Fla.1981). Based on our decision in U.S. Security Insurance Co. v. Cimino, 754 So. 2d 697 (Fla.2000), we approve the Fifth District’s decision.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE and LEWIS, JJ., concur.
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Mended v. State, 805 So. 2d 905 (Fla. 2d DCA 2001)…tion as a result of the convictions he attacks. See Saldana v. State, 786 So. 2d 643 (Fla. 3d DCA 2001). Our affirmance is, however, without prejudice to Mendez’s right to file a facially sufficient motion if he is able to do so. See Perez v. Moore, 767 So. 2d 1170 (Fla.2000). Any such motion filed within sixty days of the issuance of this mandate shall be deemed timely filed and shall not be denied as successive. Alternatively, if Mendez is not able to make a facially sufficient claim at this time, this affir…
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Fitzroy Fabian Francis v. State, 802 So. 2d 402 (Fla. 4th DCA 2001)…PER CURIAM. Affirmed without prejudice to refile a legally sufficient motion pursuant to Perez v. Moore, 767 So. 2d 1170 (Fla.2000), within two years of the threat of deportation as established in Peart v. State, 756 So. 2d 42 (Fla.2000). DELL, STONE and SHAHOOD, JJ, concur.…
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Vaillancourt v. State, 845 So. 2d 983 (Fla. 4th DCA 2003)…. The trial court did not err in summarily denying the motion as it is facially insufficient. Fla. R.Crim. P. 3.850(d). The order denying the motion is affirmed, without prejudice to Vaillancourt filing a legally sufficient motion. Perez v. Moore, 767 So. 2d 1170 (Fla.2000); Mendez v. State, 805 So. 2d 905 (Fla. 2d DCA 2001). POLEN, C.J., STONE and MAY, JJ., concur.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- U.S. Sec. Ins. Co. v. Jeanni M. Cimino, 754 So. 2d 697 (Fla. 2000)
- Jeanni M. Cimino v. U.S. Sec. Ins. Co., 715 So. 2d 1092 (Fla. 1st DCA 1998)
- State Farm Mut. Auto. Ins. Co. v. Grove, 730 So. 2d 428 (Fla. 5th DCA 1999)