LAWRENCE LEE JONES, APPELLANT,
v.
RICHARD KIRKLAND, SUPERINTENDENT, DIANA POORE, ASSISTANT SUPERINTENDENT, KENNETH SNOVER, GRIEVANCE ADMINISTRATOR, HOWARD RIGGINS, INSTITUTION INSPECTOR, DWIGHT COOPER, CLASS PROBATION OFFICER I, DORIS SIMMONS, CLASS PROBATION OFFICER I, SUED INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES, APPELLEES

Fla. 4th DCA | 2000-10-18
No. 4D00-506
KLEIN, SHAHOOD and GROSS, JJ., concur.
769 So. 2d 493 Florida District Court of Appeal, Fourth District (2000) Caution
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the final judgment entered after appellee’s motion for judgment on the pleadings. The third amended complaint did not allege that the findings of the January, 1993 disciplinary hearing had been overturned. See Edwards v. Balisok, 520 U.S. 641, 648, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997); Heck v. Humphrey, 512 U.S. 477, 483, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).

KLEIN, SHAHOOD and GROSS, JJ., concur.


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  • Hall v. State, 92 So. 3d 223 (Fla. 4th DCA 2012)
    …513 (Fla.2008); see also LeRetilley v. Harris, 354 So. 2d 1213, 1214 (Fla. 4th DCA 1978) (observing that “failure to secure a ruling on an objection waives it, unless the court deliberately and patently refuses to so rule”). In Sheffield v. State, 769 So. 2d 493 (Fla. 4th DCA 2000), we held that the appellant had failed to preserve the trial court’s purported error in failing to conduct a Nelson inquiry. We noted that the appellant “never called the motion to the court’s attention,” “never asked for a heari…
  • Thompson v. State, 174 So. 3d 453 (Fla. 1st DCA 2015)
    …not preserved because defendant never called the pro se motion to the trial court’s attention, never asked for a hearing on the motion, and proceeded to trial with the same court-appointed counsel without voicing any objection); Sheffield v. State, 769 So. 2d 493 (Fla. 4th DCA 2000); Tomas v. State, 126 So. 3d 1086 (Fla. 4th DCA 2012). This Court has recognized, that a defendant waives a Nelson issue by not bringing it to the attention of the trial court. See Kott v. State, 518 So. 2d 957 (Fla. 1st DCA 1988…
  • Flavio Tomas v. State, 126 So. 3d 1086 (Fla. 4th DCA 2012)
    …sel. Tomas stated that his counsel did not visit him enough and that he felt ignored by his counsel. In his second letter, Tomas requested appointment of another attorney. In resolving this issue, we are guided by our holding in Sheffield v. State, 769 So. 2d 493 (Fla. 4th DCA 2000). In Sheffield, we concluded, under circumstances similar to this case, that: Prior to trial, appellant filed a handwritten motion to discharge the assistant public defender who was representing him. However, he never called the…

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