IKE HESTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-02-16
No. 3D04-3178
Before COPE, RAMIREZ and WELLS, JJ.
902 So. 2d 181 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Ike Hester appeals an order denying his motion for postconviction relief, asserting the existence of newly discovered evidence. We have taken judicial notice of this court’s file in Hester v. State, 763 So. 2d 333 (Fla. 3d DCA 2000). As the trial court’s order explained, there were two separate shootings in close proximity. Assuming for purposes of discussion that the affidavit of Russell Williams could be viewed as newly discovered evidence, the affidavit does not contradict the State’s evidence and may, in fact, corroborate it.

Affirmed.


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  • Gehrmann v. City OF Orlando, 962 So. 2d 1059 (Fla. 5th DCA 2007)
    …; Hogan v. Dollar Rent A Car Sys., Inc., 783 So. 2d 1211, 1212 (Fla. 4th DCA 2001) (dismissal for fraud appropriate where misrepresentations were made “to intentionally thwart defendants from conducting discovery”) (citation omitted); Rios v. Moore, 902 So. 2d 181, 183 (Fla. 3d DCA 2005) (dismissal for fraud on the court should be “ ‘cautiously and sparingly exercised and only upon the most blatant showing of fraud, pretense, collusion or other similar wrongdoing’ ”) (citation omitted). The clear and convinci…
  • Bass v. City OF Pembroke Pines, 991 So. 2d 1008 (Fla. 4th DCA 2008)
    …her prior medical history. I do not condone the sloppy and incomplete answers to the interrogatories.1 Nevertheless, the imposition of the harshest of sanctions — the dismissal of the complaint-is unwarranted in this case. See, e.g., Rios v. Moore, 902 So. 2d 181 (Fla. 3d DCA 2005) (trial court has authority to dismiss action based on fraud); Morgan v. Campbell, 816 So. 2d 251 (Fla. 2d DCA 2002) (trial court did not abuse its discretion by dismissing complaint due to plaintiffs false testimony). This is espe…
  • Cherubino v. Fenstersheib & FOX, P.A., 925 So. 2d 1066 (Fla. 4th DCA 2006)
    …; Hogan v. Dollar Rent A Car Sys., Inc., 783 So. 2d 1211, 1212 (Fla. 4th DCA 2001) (dismissal for fraud appropriate where misrepresentations were made “to intentionally thwart defendants from conducting discovery”) (citation omitted); Rios v. Moore, 902 So. 2d 181, 183 (Fla. 3d DCA 2005) (dismissal for fraud on the court should be “ ‘cautiously and sparingly exercised and only upon the most blatant showing of fraud, pretense, collusion or other similar wrongdoing’ ”) (citation omitted): The clear and convinci…

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