DIANA MINTZ, APPELLANT,

v.

BROWARD CORRECTIONAL INSTITUTE AND STATE OF FLORIDA, DEPARTMENT OF INSURANCE, APPELLEES

Citator

Cited By (19 total)

• Jackson v. State, 803 So. 2d 842 (Fla. 1st DCA 2001)
  …e 3.850 motion, an evolving body of case law, including Mack, Valdes, and Allen, recognizes there may be instances where a Hale claim can be resolved from the face of “the record” without the need of an evidentiary hearing. See also Wilson v. State, 800 So. 2d 343 (Fla. 1st DCA 2001). To raise an “illegal sentence” claim under Rule 3.800(a), 1) “[t]he error must have resulted in an illegal sentence,” 2) “[t]he error must appear on the face of the record,” and 3) “[t]he motion must affirmatively allege that ‘…
• Boladares v. Olemshoe Corp. & The Hartford Ins. Co., 28 So. 3d 176 (Fla. 1st DCA 2010)
  …PER CURIAM. Upon review of Appellant’s response to this court’s January 19, 2010, order to show cause, we DISMISS this appeal for lack of jurisdiction. See Mintz v. Broward Corr. Inst., 800 So. 2d 343 (Fla. 1st DCA 2001) (holding order merely granting employer/carrier’s motion to dismiss not an appealable final order); Truc v. Kimmins Corp., 889 So. 2d 964, 964 (Fla. 1st DCA 2004) (dismissing appeal of order granting employer/carrier’s motion to…
• Johnson v. Moore, 801 So. 2d 289 (Fla. 1st DCA 2001)
  …eges that “[t]he record clearly shows this error.” See Pullins v. State, 777 So. 2d 451, 451 (Fla. 1st DCA 2001). Such a claim is cognizable under rule 3.800(a) as long as the court does not have to resort to extra-record facts. See Wilson v. State, 800 So. 2d 343 (Fla. 1st DCA 2001) (“A rule 3.800 motion can be the proper vehicle in which to raise a Hale claim ... if the issue can be resolved from the face of the entire written record.”); Valdes v. State, 765 So. 2d 774, 776-77 (Fla. 1st DCA 2000) (holding t…

Authorities Cited

• Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995)
• Bd. of Cnty. Comm'rs of Madison Cnty. v. Grice, 438 So. 2d 392 (Fla. 1983)