ERIC D. DOBSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Progressive Express Ins. Co. v. McGRATH Community Chiropractic, 913 So. 2d 1281 (Fla. 2d DCA 2005)
  …s with an opportunity for a second appeal. Instead, we may grant such a petition only in “those instances in which the lower court did not afford procedural due process or departed from the essential requirements of the, law.” Horn. Auth. v. Burton, 874 So. 2d 6, 8 (Fla. 2d DCA 2004) (citing Allstate Ins. Co. v. Kaklamanos, 843 So. 2d 885, 889 (Fla.2003)). “A failure to observe ‘the essential requirements of law’ has been held synonymous with a failure to apply ‘the correct law.’ ” Id. (citing Haines City C…
• State v. Edenfield, 58 So. 3d 904 (Fla. 1st DCA 2011)
  …. 2d at 682 (internal quotations omitted). Further, a misapplication or an erroneous interpretation of the correct law does not rise to the level of a violation of a clearly established principle of law. Id. Housing Auth. of City of Tampa v. Burton, 874 So. 2d 6, 9 (Fla. 2d DCA 2004) (“Unlike application of incorrect law, misapplication of correct law by a circuit court sitting in its appellate capacity generally does not constitute a violation of clearly established law resulting in a miscarriage of justic…
• Croom v. State, 36 So. 3d 707 (Fla. 1st DCA 2010)
  …1038, 1043 (Fla.2008) (holding courts are required to exercise their discretion “very guardedly,” finding fundamental error only in “rare cases” where the interest of justice compels them to do so); see also Housing Auth. of City of Tampa v. Burton, 874 So. 2d 6, 8-9 (Fla. 2d DCA 2004). Preservation Jury instructions are subject to the contemporaneous objection rule. See State v. Delva, 575 So. 2d 643, 644 (Fla.1991) (holding a trial court’s un-objected to decision regarding the reading of a jury instruct…

Authorities Cited

• Brown v. State, 565 So. 2d 369 (Fla. 1st DCA 1990)