SAMUEL EDWARDS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Affirmed. See Fla. R.App. P. 9.315(a).
On Rehearing
The motion for rehearing or clarification is denied. The appellant contends that the trial court was in error in its 1992 ruling that the appellant’s Rule 3.850 motion was untimely. The correctness of that ruling had to be attacked by appeal. The trial court’s 1999 order states that this court affirmed that ruling. See Edwards v. State, 599 So. 2d 670 (Fla. 3d DCA 1992). Since there was no written opinion, there is no way to know whether the affirmance was on the basis of untimeliness, or the merits, in any event, the 1992 affirmance is res judicata and may not be attacked by a second appeal.
COPE, GERSTEN and FLETCHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
JVN Holdings, Inc. v. Am. Constr. & Repairs, LLC, 185 So. 3d 599 (Fla. 3d DCA 2016)…ust construe all the evidence, and draw every possible inference therefrom, in a light most favorable to the non-moving party. Moore v. Morris, 475 So. 2d 666 (Fla.1985); Suarez v. City of Hialeah, 971 So. 2d 948 (Fla. 3d DCA 2007); McQueen v. Roye, 785 So. 2d 512 (Fla. 3d DCA 2000). The trial court erred in determining there were no genuine issues of material fact in dispute. Though not a model of clarity, the deposition testimony of Mr. Weider contains multiple instances in which he disputed, the amounts (…
-
Franco v. Miami-Dade Cnty., 947 So. 2d 512 (Fla. 3d DCA 2006)…nd when the moving party is entitled to judgment as a matter of law. Id. (citations omitted). If even the slightest doubt exists regarding the existence of material issues of fact, a trial court is required to deny summary judgment. McQueen v. Boye, 785 So. 2d 512, 514 (Fla. 3d DCA 2000) (citing Monroe County v. New Port Largo, Inc., 441 So. 2d 173 (Fla. 3d DCA 1983)). In reviewing the trial court’s decision, we must follow the framework set forth in a recent Florida Supreme Court decision considering the is…
-
J & J Towing, Inc. v. Stokes, 789 So. 2d 1196 (Fla. 4th DCA 2001)…ualify was legally sufficient in that it alleged that the judge’s wife was represented by Stoke’s counsel in a separate and apparently pending matter involving her individually and as a member of the Broward County School Board. See McQueen v. Roye, 785 So. 2d 512 (Fla. 3d DCA 2000) (motion for recusal should have been granted where plaintiffs counsel provided legal services and gave advice to judge’s brother, recognizing that “recusal is appropriate where one of the parties or their counsel had dealings with…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence