CARL P. HIGGINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARL P. HIGGINS, APPELLANT,
STATE OF FLORIDA, APPELLEE
810 So. 2d 1044
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Carl P. Higgins, Appellant, filed a motion for postconviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, and raised numerous claims. The trial court denied relief as to all the claims without holding an evidentiary hearing or attaching those portions of the record refuting the Appellant’s claims. We find that claims 1, 3, 4 and 8 are legally sufficient. Consequently, we reverse the trial court’s denial of relief and remand for an evidentiary hearing or attachment of those portions of the record which conclusively refute these claims.
FARMER, KLEIN and TAYLOR, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Alvarado v. Mirta Cisneros and Mario Cruz, 919 So. 2d 585 (Fla. 3d DCA 2006)…diction by seeking affirmative relief because requesting such relief is inconsistent with an initial defense of a lack of personal jurisdiction. Babcock v. Whatmore, 707 So. 2d 702, 704 (Fla.1998); [*588] Paradise of Port Richey v. Estate of Boulis, 810 So. 2d 1044, 1046 (Fla. 4th DCA 2002). Types of affirmative actions which may be deemed to waive personal jurisdiction include the filing of permissive counter-claims and cross-claims, or requests that a court take jurisdiction of a proceeding. Paradise of Port…
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Higgins v. State, 885 So. 2d 994 (Fla. 4th DCA 2004)…raising two additional claims. The trial court’s order did not address claims 10 and 11. On appeal, this court reversed and remanded for an evidentiary hearing or record attachments that conclusively refuted grounds 1, 3, 4, and 8. Higgins v. State, 810 So. 2d 1044 (Fla. 4th DCA 2002). Because the trial court had not ruled on claims 10 and 11, they were not addressed by this court in the original appeal. On remand, the state argued the original claims were legally insufficient. The state’s response also addre…