LYNN PRINCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2003-05-30
No. 2D02-1686
NORTHCUTT, STRINGER, and KELLY, JJ., concur.
862 So. 2d 729 Florida District Court of Appeal, Second District (2003) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed without prejudice to any right Prince might have to file a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

Affirmed.

NORTHCUTT, STRINGER, and KELLY, JJ., concur.


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  • Lowry v. State, 963 So. 2d 321 (Fla. 5th DCA 2007)
    …otion for rehearing simply repeats his frivolous arguments on appeal, levels unjustified abuse toward the prosecution, and reargues the merits of the court’s opinion in violation of Florida Rule of Appellate Procedure 9.330(a). See Amador v. Walker, 862 So. 2d 729, 733 (Fla. 5th DCA 2003). When we issued a per curiam affirmance, citing various opinions, it should have been obvious that we disagreed with Lowry’s belief that “fundamental error” is merely anything he deems to be fundamentally erroneous. See id.…
  • Marion v. Orlando Pain & Med. Rehab., 67 So. 3d 264 (Fla. 5th DCA 2011)
    …lees’ counsel be caused to appear before the court to “explain in detail” his assertion that Appellant’s statement of facts was improper. We have repeatedly admonished the bar regarding the impropriety of motions such as this. See Amador v. Walker, 862 So. 2d 729 (Fla. 5th DCA 2003), and cases cited therein. Motions for rehearing are not to be used for the purpose of venting counsel’s frustrations with the form or substance of the court’s decision. Id. They are rarely, if ever, warranted when the decision is…
  • Ayala v. Gonzalez, 984 So. 2d 523 (Fla. 5th DCA 2008)
    …that we rejected in this appeal, as well as in at least one of the 10 previous unsuccessful appeals arising out of this dissolution of marriage filed by the appellant. We thought that it was made relatively clear by this court in Amador v. Walker, 862 So. 2d 729 (Fla. 5th DCA 2003), that we do not view the privilege to seek a rehearing pursuant to rule 9.330, Florida Rules of Appellate Procedure, as an open invitation for an unhappy litigant or attorney to reargue the same points previously presented, or to…

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