DANNY BLACKWELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• State Farm Mut. Auto. Ins. Co. v. Statsick, 231 So. 3d 528 (Fla. 2d DCA 2017)
  …judgment under that rule to come forward with evidence to support its,position, see Rude [v. Golden Crown Land Dev. Corp.], 521 So. 2d [351, 353 (Fla. 2d DCA 1988) ], and arguments of counsel do not constitute evidence, see, e.g., Justice v. State, 944 So. 2d 538, 540 (Fla. 2d DCA 2006) ....”). Ms. Statsick relied on the trial court’s separate factual finding in the 2014 case to provide evidence that there was no meeting of the minds, but that finding is pure surplusage without legal effect in this case. It…
• The Bank OF NEW York Mellon v. Est. of James D. Peterson, 208 So. 3d 1218 (Fla. 2d DCA 2017)
  …However, it is incumbent on the party seeking to vacate a judgment under that rule to come forward with evidence to support its position, see Rude, 521 So. 2d at 353, and arguments of counsel do not constitute evidence, see, e.g., Justice v. State, 944 So. 2d 538, 540 (Fla. 2d DCA 2006) (“Representations by an attorney for one of the parties regarding the facts ... do not constitute evidence.” (quoting Eight Hundred, Inc. v. Fla. Dep’t of Revenue, 837 So. 2d 574, 576 (Fla. 1st DCA 2003))); see also Aziz v. A…
• Wilson v. State, 957 So. 2d 1264 (Fla. 2d DCA 2007)
  …on for return of property must specifically identify the property and allege that it is the mov-ant’s personal property, that the property is not the fruit of criminal activity, and that the property is not being held as evidence.” Justice v. State, 944 So. 2d 538, 539 (Fla. 2d DCA 2006); see also Scott v. State, 922 So. 2d 1024, 1026 (Fla. 5th DCA 2006).' Wilson’s motion failed to make these allegations, but the trial court did not address the sufficiency of the motion. Instead, the court summarily denied th…

Authorities Cited

• Fitzpatrick v. State, 900 So. 2d 495 (Fla. 2005)