CHRISTOPHER SHERVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHRISTOPHER SHERVIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
874 So. 2d 1282
Florida District Court of Appeal, First District (2004)
Caution
Cited by 11 cases
Opinion of the Court
PER CURIAM.
The appellant appeals the summary denial of his rule 3.800 motion, in which he alleges that his sentence is illegal. We affirm the trial court’s denial as to the appellant’s claim for postconviction relief, but reverse that part of the order that prohibits the appellant from further pro se filings, because the trial court failed to provide the appellant an opportunity to respond to the allegations levied against him by the trial court. See State v. Spencer, 751 So. 2d 47 (Fla.1999).
AFFIRMED IN PART; REVERSED IN PART.
BOOTH, WEBSTER and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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ST. Fort v. Post, 902 So. 2d 244 (Fla. 4th DCA 2005)…ver, “[j]t is only when an intervening cause is completely independent of, and not in any way set in motion by, the tort-feasor’s negligence that the intervening cause relieves a tortfeasor from liability.” Deese v. McKinnonville Hunting Club, Inc., 874 So. 2d 1282, 1287-88 (Fla. 1st DCA 2004)... If the alleged intervening cause is foreseeable, the original negligent actor may still be liable. Id. at 1288; Gibson v. Avis Rent-A-Car Sys., Inc., 386 So. 2d 520, 522 (Fla.1980). One approach to determining whethe…
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Pitcher v. David J. Zappitell, Zappitell & Kapral, P.A., 160 So. 3d 145 (Fla. 4th DCA 2015)…v. Laslcas, 845 So. 2d 964, 966 (Fla. 4th DCA 2003) (internal citations omitted). “A party seeking summary judgment in a negligence action has a more onerous burden than that borne in other types of cases.” Deese v. McKinnonville Hunting Club, Inc., 874 So. 2d 1282, 1286 (Fla. 1st DCA 2004) (citation omitted). [*148] The Father asserts that, the trial court partly based its summary judgment on an erroneous finding that a rule of professional conduct violation can never be the sole basis of a legal malpractice…
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Lindsey v. Bell S. Telecomms., Inc., 943 So. 2d 963 (Fla. 4th DCA 2006)…against whom summary judgment is sought. Moore v. Morris,- 4.75 So. 2d 666, 668 (Fla.1985). Movants for summary judgment in a negligence case face an especially high burden. See St. Fort, 902 So. 2d at 248; Deese v. McKinnonville Hunting Club, Inc., 874 So. 2d 1282, 1286 (Fla. 1st DCA 2004). Hennessy argues that summary judgment was proper for two reasons: (1) appellants presented no record evidence that the product was defective when it was sold; (2) assuming the product was defective, the record evidence es…
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- State v. Spencer, 751 So. 2d 47 (Fla. 1999)