WILLIAM W. WATSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
WILLIAM W. WATSON, PETITIONER,
STATE OF FLORIDA, RESPONDENT
877 So. 2d 755
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
The petition alleging ineffective assistance of appellate counsel is hereby denied on the merits. See Philmore v. State, 820 So. 2d 919 (Fla.2002).
• BOOTH, POLSTON and HAWKES, JJ., concur.
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Largie v. Michael Gregorian, M.D., 913 So. 2d 635 (Fla. 3d DCA 2005)…expert because “one of the primary thrusts of Florida’s statutory medical malpractice scheme is to ‘weed out’ cases which are not, even prima facie, supported by some reliable independent indication of their merits”); see also McPherson v. Phillips, 877 So. 2d 755, 760 (Fla. 4th DCA 2004)(noting that the statute of limitations “circumscribefs] the trial court’s discretion in dealing with a [claim of] Chapter 766 noncompliance”); Tapia-Ruano v. Alvarez, 765 So. 2d 942, 943-44 (Fla. 3d DCA 2000)(affirming dismi…
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Daiwa Prods., Inc. v. Nationsbank, N.A., 885 So. 2d 884 (Fla. 4th DCA 2004)…al court’s ruling that United Mizrahi was a holder in due course. Because United Mizrahi prevailed on this issue at the evidentiary hearing on the motion to dissolve, we view the evidence in the light most favorable to it. See McPherson v. Phillips, 877 So. 2d 755 (Fla. 4th DCA 2004) (on rehearing) (“In reviewing the trial court’s ruling, we are required to view the evidence taken at the hearing in the light most favorable to upholding the ruling.”); White v. Metro. Dade County, 563 So. 2d 117, 134 (Fla. 3d D…
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DeCRISTO v. Columbia Hosp. Palm Beaches, 896 So. 2d 909 (Fla. 4th DCA 2005)…th DCA 2003). With this understanding, it is well settled that the striking of a party’s pleadings for failure to comply with Chapter 766 presuit requirements is an extraordinary sanction justified only in extreme situations. McPherson v. Phillips, 877 So. 2d 755, at n. 3 (Fla. 4th DCA 2004). In addition, the Florida courts have held that the presuit notice and screening statutes should be construed in a manner that favors access to the courts. See Patry v. Capps, 633 So. 2d 9, 13 (Fla.1994); Williams v. Cam…
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- Lenard James Philmore v. State, 820 So. 2d 919 (Fla. 2002)