ALPHONSO HAYWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALPHONSO HAYWOOD, APPELLANT,
STATE OF FLORIDA, APPELLEE
933 So. 2d 651
Florida District Court of Appeal, First District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
On the court’s own motion, the opinion of May 5, 2005, is withdrawn and the following is substituted therefor. AFFIRMED. State v. Dickey, 928 So. 2d 1193 (Fla.2006).
ALLEN, DAVIS, and PADOVANO, JJ., concur.
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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…
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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.…
Authorities Cited
- State v. Dickey, 928 So. 2d 1193 (Fla. 2006)