EMMANUEL MORELAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EMMANUEL MORELAND, APPELLANT,
STATE OF FLORIDA, APPELLEE
944 So. 2d 485
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Affirmed, without prejudice to appellant’s right to seek relief in a properly and timely filed motion for post conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Covell v. State, 891 So. 2d 1132 (Fla. 4th DCA 2005); Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998). Conflict is certified with Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004), and Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA 2004).
POLEN, KLEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Antoine Museau v. State, 953 So. 2d 40 (Fla. 4th DCA 2007)…. See Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998). Museau’s motion was not sworn. Consequently, we affirm the denial of relief, but without prejudice to Museau seeking relief pursuant to rule 3.850, if time allows. See Moreland v. State, 944 So. 2d 485 (Fla. 4th DCA 2006); Wilbon v. State, 944 So. 2d 397 (Fla. 4th DCA 2006); Renaud v. State, 901 So. 2d 1032 (Fla. 4th DCA 2005), review dismissed, 926 So. 2d 1241 (Fla.2006); see also Covell v. State, 891 So. 2d 1132 (Fla. 4th DCA 2005). As in Wilbon…
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Ognenovic v. David J. Giannone, Inc., 184 So. 3d 1135 (Fla. 4th DCA 2015)…deration.” Rule 2.330 requires “the litigant to detail the reasons for the necessity of reconsideration and point the successor judge to all parts of the record necessary to determine whether to vacate the prior ruling.” Rath v. Network Mktg., L.C., 944 So. 2d 485, 487 (Fla. 4th DCA 2006). “[W]hen presented with a prior interlocutory ruling that is based on a clearly mistaken interpretation of the law it is indeed appropriate for the succeeding judge to vacate or modify the prior order.” Russ v. City of Jacks…
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Davis v. State (Fla. 2d DCA 2020)…lly set his or her prior orders aside. See Buckner v. Cowling, 135 So. 3d 383, 383 (Fla. 5th DCA 2014) ("[A] party is not entitled to have [an order by a judge who is later disqualified] vacated as a matter of right."); Rath v. Network Mktg., L.C., 944 So. 2d 485, 486-87 (Fla. 4th DCA 2006) (denying a petition for a writ of mandamus seeking to compel a successor judge to reconsider a disqualified judge's orders because "petitioners were not entitled as a matter of right" to reconsideration). Rather, a succe…
Authorities Cited
- Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998)
- Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004)
- Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA 2004)
- T.D.R. v. State, 891 So. 2d 1132 (Fla. 5th DCA 2005)