THOMAS COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS COOK, APPELLANT,
STATE OF FLORIDA, APPELLEE
903 So. 2d 1008
Florida District Court of Appeal, Second District (2005)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Alexander v. State, 830 So. 2d 899 (Fla. 2d DCA 2002). As this court did in Alexander, we certify the same question of great public importance:
ARE ALLEGATIONS OF AFFIRMATIVE MISADVICE BY TRIAL COUNSEL ABOUT THE SENTENCE ENHANCING CONSEQUENCES OF A DEFENDANT’S PLEA FOR FUTURE CRIMINAL BEHAVIOR IN AN OTHERWISE FACIALLY SUFFICIENT MOTION COGNIZABLE AS AN INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM?
Affirmed; question certified.
KELLY, VILLANTI, and WALLACE, JJ., Concur.
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205 Jacksonville, LLC v. A-Affordable AIR, LLC, 16 So. 3d 974 (Fla. 3d DCA 2009)…hat Jacksonville’s counsel’s failure to calendar a response to the complaint constitutes excusable neglect that would justify setting aside either the clerk’s default or the final default judgment. See Giron v. Fairways of Sunrise Homeowners’ Ass’n, 903 So. 2d 1008, 1009 (Fla. 4th DCA 2005) (citing Al Hendrickson Toyota, Inc. v. Yampolsky, 695 So. 2d 948 (Fla. 4th DCA 1997) (“[T]he established case law deems that calendaring errors are regarded as excusable neglect.”)). A-Affordable also agrees that Jacksonvi…
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S2 Global, Inc. v. Tactical Operational Support Servs., LLC, 119 So. 3d 1280 (Fla. 4th DCA 2013)…party has established excusable neglect. The factors giving rise to a finding of excusable neglect typically have been administrative mishandling, secretarial errors, and calendaring issues. See, e.g., Giron v. Fairways of Sunrise Homeowners’ Ass’n, 903 So. 2d 1008 (Fla. 4th DCA 2005) (citing numerous cases finding excusable neglect). The Florida Rules of Civil Procedure set forth a mechanism for seeking relief in such situations. Specifically, Florida Rule of Civil Procedure 1.090(b) provides: (b) Enlargemen…
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- Alexander v. State, 830 So. 2d 899 (Fla. 2d DCA 2002)