OMAR BETANCOURT, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• City OF Hollywood v. Diamond ON THE Beach, Inc., 855 So. 2d 87 (Fla. 4th DCA 2003)
  …icial Administration. It would be inappropriate for this court to make that determination in the first instance. See Roberts v. State, 840 So. 2d 962 (Fla.2002); Kelly v. Scussel, 167 So. 2d 870 (Fla.1964); Novartis Pharmaceuticals Corp. v. Carnato, 840 So. 2d 410 (Fla. 4th DCA 2003). POLEN, C.J., GROSS and MAY, JJ., concur.…
• Johnson v. State, 968 So. 2d 61 (Fla. 4th DCA 2007)
  …edurally insufficient without considering legal sufficiency, granting petition only to the extent of returning consolidated cases to the trial court to make determination of legal sufficiency in the first instance); Novartis Pharms. Corp. v. Camoto, 840 So. 2d 410 (Fla. 4th DCA 2003) (where trial court [*63] dismissed as untimely a motion to disqualify which this court determined was timely, returning case to trial court to determine issue of legal sufficiency). However, rule 2.330(j) entitled Johnson to a r…
• Coleman v. State, 866 So. 2d 209 (Fla. 4th DCA 2004)
  …aking the allegations as true could fear that by discussing the case with the media, the ability of the trial judge to provide Coleman with a fair and impartial decision on the Rule 3.850 motion was compromised. See Novartis Pharm. Corp. v. Carnoto, 840 So. 2d 410 (Fla. 4th DCA 2003); United States v. Microsoft Corp., 253 F. 3d 34 (D.C.Cir.2001); In re Boston’s Children First, 244 F. 3d 164 (1st Cir.2001). Therefore, the motion to recuse was legally sufficient and should have been granted. Because the motion…

Authorities Cited

• Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988)
• Stewart v. Stewart, 534 So. 2d 817 (Fla. 3d DCA 1988)