AMELIA A. MCCOMISKEY, APPELLANT,

v.

BONNIE MCCOMISKEY, APPELLEE

Citator

Cited By

• State v. Torry M. Jones, 30 So. 3d 619 (Fla. 2d DCA 2010)
  …than for medical reasons, again he provided no evidence to support his assertion. A trial court may not rely on argument by counsel to make factual determinations. Ordonez v. State, 862 So. 2d 927, 930 (Fla. 2d DCA 2004); see also State v. Thompson, 852 So. 2d 877, 878 (Fla. 2d DCA 2003) (holding that argument of counsel is not evidence); DiSarrio v. Mills, 711 So. 2d 1355, 1357 (Fla. 2d DCA 1998) (“Argument by counsel who is not under oath is not evidence.”). Without any evidence to support the assertion tha…
• Miller v. Nelms, 966 So. 2d 437 (Fla. 2d DCA 2007)
  …ither of these pieces of evidence supports the court’s finding that Miller’s complaint was brought in “a vindictive nature” or was “scandalous.” While the Nelmses’ attorney argued vindictiveness, such argument is not evidence. See State v. Thompson, 852 So. 2d 877, 878 (Fla. 2d DCA 2003). At the hearing the Nelmses’ counsel also pointed out differences between the original complaint and the second amended complaint concerning the attachments that set forth the amounts Miller claimed to be due. The court note…
• Ordonez v. State, 862 So. 2d 927 (Fla. 2d DCA 2004)
  …ant to the waiver claimed by the State, the trial court is not permitted to rely on the unsupported representations of the prosecutor. Competent evidence must be submitted and considered by the court at an evidentiary hearing. See State v. Thompson, 852 So. 2d 877, 878 (Fla. 2d DCA 2003) (noting that the argument of counsel is not evidence); DiSarrio v. Mills, 711 So. 2d 1355, 1357 (Fla. 2d DCA 1998) (same). Second, the State did not establish that Ordonez received any benefit by misrepresenting his age. Cou…

Authorities Cited

• Shields v. Flinn, 528 So. 2d 967 (Fla. 3d DCA 1988)