TRACY T. BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Affirmed. See Williams v. State, 744 So. 2d 1103 (Fla. 3d DCA 1999) (“[E]ven if ... the [prosecutor’s] comment [in final argument] was ... wrong, it was, standing alone, and in the context of the entire case, not enough to vitiate the entire trial and require a new one. State v. Murray, 443 So. 2d 955 (Fla.1984); Hall v. State, 444 So. 2d 1019 (Fla. 3d DCA 1984).
While harmful prosecutorial excesses undoubtedly require reversal, Ruiz v. State, 743 So. 2d 1 (Fla.1999), and cases cited; Gomez v. State, 751 So. 2d 630 ... (Fla. 3d DCA ... 1999), and cases cited, it is also true, as was said in Henry v. State, 290 So. 2d 73, 75 (Fla. 2d DCA 1974), that: ‘otherwise proper trials are not to be reversed merely because an ... analysis of a single statement reveals a defect in rhetoric. When, as in this case, it clearly appears that the defendant’s substantial rights were not affected, it is our duty to affirm. We do.’ ”), review denied, 753 So. 2d 567 (Fla.2000).
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Robles-Martinez v. Diaz, Reus & Targ, LLP, 88 So. 3d 177 (Fla. 3d DCA 2011)…rial court erred by placing the burden upon them to prove improper service. A trial court’s ruling on a motion to quash service of process, to the extent it involves questions of law, is subject to de novo review. Mecca Multimedia, Inc. v. Kurzbard, 954 So. 2d 1179, 1181 (Fla. 3d DCA 2007). Service made under the substitute service provisions of section 48.031, Florida Statutes, must be strictly complied with, and these provisions are to be strictly construed. Clauro Enter., Inc. v. Aragon Galiano Holdings, In…
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Rufino Hernandez v. State Farm Mut. Auto. Ins. Co., 32 So. 3d 695 (Fla. 4th DCA 2010)…unds in support of service under sections 48.161 and 48.171, Florida Statutes. A trial court’s ruling on a motion to quash service of process consists of a question of law subject to a de novo standard of review. Mecca Multimedia, Inc. v. Kurzbard, 954 So. 2d 1179, 1181 (Fla. 3d DCA 2007). Because the statute allowing substituted service is an exception to the general rule requiring a defendant to be personally served, there must be strict compliance with the statutory requirements so as to protect due proces…
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Beckley v. Best Restorations, Inc., 13 So. 3d 125 (Fla. 4th DCA 2009)…issue in this case is whether section 48.031(6), Florida Statutes (2008) is a permitted method of service under the facts of this case. This is a question of law subject to a de novo standard of review on appeal. Mecca Multimedia, Inc. v. Kurzbard, 954 So. 2d 1179, 1181 (Fla. 3d DCA 2007). Section 48.031(6), Florida Statutes (2008) reads as follows: If the only address for a person to be served, which is discoverable through public records, is a private mailbox, substitute service may be made by leaving a c…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Murray, 443 So. 2d 955 (Fla. 1984)
- Ruiz v. State, 743 So. 2d 1 (Fla. 1999)
- Gomez v. State, 751 So. 2d 630 (Fla. 3d DCA 1999)
- Hall v. State, 444 So. 2d 1019 (Fla. 3d DCA 1984)
- Fla. Farm Bureau Ins. Cos. v. Robert M. Salisbury et ux., 290 So. 2d 73 (Fla. 2d DCA 1974)
- Williams v. State, 744 So. 2d 1103 (Fla. 3d DCA 1999)