ANTONIO JOHNSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Three Palms Assocs. v. U.S. # 1 Fitness Ctrs. Inc., 984 So. 2d 540 (Fla. 4th DCA 2008)
  …verglades, 746 So. 2d 498, 503 (Fla. 4th DCA 1999). We find it was an abuse of discretion for the trial court to refuse to permit Three Palms to assert a counterclaim which conformed to the evidence at trial. See Fuente v. S. Ocean Transport, Inc., 933 So. 2d 651, 654 (Fla. 3d DCA 2006). “Leave to amend to add a counterclaim should be liberally granted.” All of the issues regarding the settlement agreement were tried by consent and neither party can claim surprise or prejudice. We therefore reverse the trial…
• Billue v. Liberty Corr. Inst., 941 So. 2d 1196 (Fla. 1st DCA 2006)
  …Willie James Billue, appeals the trial court’s denial of his petition for writ of habeas corpus. Because Appellant did not file his petition in the sentencing court, the trial court lacked jurisdiction to consider his petition. See Johnson v. State, 933 So. 2d 651 (Fla. 1st DCA 2006) (citing Crockett v. Singletary, 723 So. 2d 911 (Fla. 1st DCA 1999)). We therefore affirm the trial court’s denial of Appellant’s petition without prejudice for him to file a proper postconviction motion in the sentencing court.…
• West v. City First Mortg. Corp. (Fla. 3d DCA 2022)
  …ending and unadjudicated. summary foreclosure judgment.2 While we have held that a trial court reversibly errs when its denial of a motion to assert a compulsory counterclaim leaves a defendant without a remedy, Fuente v. S. Ocean Transport, Inc., 933 So. 2d 651, 654 (Fla. 3d DCA 2006), we also have held that a trial court does not abuse its discretion by denying a motion to amend pleadings when the motion was filed shortly before a summary judgment hearing. Weisser Realty Grp. v. Porto Vita Prop. Owners As…

Authorities Cited

• Crockett v. Singletary, 723 So. 2d 911 (Fla. 1st DCA 1999)