GARY ANDREW DOYLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY ANDREW DOYLE, APPELLANT,
STATE OF FLORIDA, APPELLEE
807 So. 2d 173
Florida District Court of Appeal, Fourth District (2002)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We affirm the order summarily denying appellant’s motion for postconviction relief, seeking to vacate his conviction based on the alleged involuntariness of his plea. See Stretcher v. State, 803 So. 2d 813 (Fla. 4th DCA 2001). As we did in Stretcher, we certify the same question certified in Major v. State, 790 So. 2d 550, 552 (Fla. 3d DCA 2001).
WHETHER THE TRIAL COURT OR COUNSEL HAVE A DUTY TO ADVISE A DEFENDANT THAT HIS PLEA IN A PENDING CASE MAY HAVE SENTENCE ENHANCING CONSEQUENCES IF THE' DEFENDANT COMMITS A NEW CRIME IN THE FUTURE?
WARNER, KLEIN and STEVENSON, JJ., concur.
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Beazer Homes Corp. v. Bailey, 940 So. 2d 453 (Fla. 5th DCA 2006)…out their “business relationship” would be submitted to arbitration. Merely because the dispute or claim is founded on breach of a statute rather than breach of contract, does not exempt it from arbitration. See Prudential Securities, Inc. v. Katz, 807 So. 2d 173 (Fla. 3d DCA 2002). If the statutory cause of action is based, as in this case, on [*462] matters growing out of a contract which covers the dispute, and relies on the same facts as the dispute which is subject to arbitration, there is no basis to e…
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Raymond James Fin. Servs., Inc. v. Saldukas, 851 So. 2d 853 (Fla. 2d DCA 2003)…to support its ruling. Merrill Lynch Pierce Fenner & Smith, Inc. v. Adams, 791 So. 2d 25, 26 (Fla. 2d DCA 2001). However, any doubts concerning whether a waiver has occurred should be resolved in favor of arbitration. Prudential Sec., Inc. v. Katz, 807 So. 2d 173, 174 (Fla. 3d DCA 2002). In this appeal, Raymond James asserts that the only issue is whether it waived its right to arbitrate. However, when Saldukas and Sestal LLC filed their arbitration claim, Raymond James repeatedly asserted that there was no…
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Morales v. Rafael J. Perez, M.D., 952 So. 2d 605 (Fla. 3d DCA 2007)…DCA 2004)). In ruling on a motion to compel arbitration, we are mindful of the policy favoring arbitration and recognize that any doubts concerning the scope of arbitration should be resolved in favor of arbitration. Prudential Secs., Inc. v. Katz, 807 So. 2d 173, 174 (Fla. 3d [*608] DCA 2002) (citing Ronbeck Const. Co. v. Savanna Club Corp., 592 So. 2d 344, 346 (Fla. 4th DCA 1992)). We must address three issues in ruling on the defendants’ motion to compel arbitration. First, we must determine whether the…
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- Fritz Major v. State, 790 So. 2d 550 (Fla. 3d DCA 2001)
- Stretcher v. State, 803 So. 2d 813 (Fla. 4th DCA 2001)