TERESA KAPLAN, APPELLANT,

v.

SHARON GOLDFARB, APPELLEE

Citator

Cited By

• State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006)
  …CA 1999). A few decisions, mostly from the Third District, have expressed this view. See Delpa, Inc. v. Martinez, 878 So. 2d 455, 455 (Fla. 3d DCA 2004); Gulf Coast Transp., Inc. v. Padron, 782 So. 2d 464, 465 (Fla. 2d DCA 2001); Kaplan v. Goldfarb, 777 So. 2d 1208, 1208 (Fla. 3d DCA 2001). Applying the plain meaning of rule 1.442, we agree with those courts that have treated releases as conditions or nonmone-tary terms that must be described with particularity. A “condition” is traditionally defined as “a st…
• Toomajan v. State, 785 So. 2d 1275 (Fla. 5th DCA 2001)
  …records demonstrate on their face an entitlement to relief. See State v. Mancino, 714 So. 2d 429 (Fla.1998). Appellant failed to make the necessary allegation, so his motion was properly denied as facially insufficient. See, e.g., Columbro v. State, 777 So. 2d 1208 (Fla. 5th DCA 2001) (motion which failed to allege court records demonstrated on face defendant’s entitlement to relief was properly denied); Colosimo v. State, 775 So. 2d 352 (Fla. 2d DCA 2000) (motion which failed to allege court records demonstra…
• Smith v. State, 849 So. 2d 409 (Fla. 4th DCA 2003)
  …A 2000) (reversing sworn motion for jail credit for record attachments showing appellant is not entitled to relief or for evidentiary hearing determining whether Turning Point program qualifies appellant for jail time credit); and Columbro v. State, 777 So. 2d 1208, 1209 (Fla. 5th DCA 2001) (affirming order denying Rule 3.800 claim which alleged that time served in a drug treatment program was as coercive and restrictive as jail because claim raised factual questions requiring an evidentiary hearing.) This c…

Authorities Cited

• Earnest & Stewart, Inc. v. Codina, 732 So. 2d 364 (Fla. 3d DCA 1999)
• Jereme T. Brown v. Singletary, 732 So. 2d 364 (Fla. 1st DCA 1999)