THE CLARK CONSTRUCTION GROUP, INC., A FLORIDA CORPORATION, APPELLANT,

v.

TALMAC, INC., A FLORIDA CORPORATION, APPELLEE

Citator

Cited By

• Simon v. State, 997 So. 2d 490 (Fla. 4th DCA 2008)
  …ailure to attach portions of the record that refute the claim is grounds for reversal. A defendant’s factual allegations in a rule 3.850 motion must be accepted as true to the extent they are not conclusively refuted by the record. Prince v. State, 964 So. 2d 783, 784 (Fla. 4th DCA 2007). If a claim sufficiently establishes a prima facie basis for relief and is not refuted by records, the court should hold an eviden-tiary hearing to resolve any disputed factual matters. In this case, appellant claims that hi…
• Kuder v. State, 971 So. 2d 184 (Fla. 5th DCA 2007)
  …Criminal Procedure 3.850. Because the record attachments to the trial court’s order do not conclusively refute the factual allegations of the appellant’s motion, we reverse the order and remand for an evidentiary hearing. See, e.g., Prince v. State, 964 So. 2d 783 (Fla. 4th DCA 2007). REVERSED and REMANDED. ORFINGER, TORPY and LAWSON, JJ., concur.…
• Perez-Ocequeda v. State, 62 So. 3d 1228 (Fla. 5th DCA 2011)
  …P. 3.850(d). In fact, the defendant’s factual allegations in a rule 3.850 motion must be accepted as true to the extent they are not conclusively refuted by the record. Simon v. State, 997 So. 2d 490, 492 (Fla. 4th DCA 2008) (citing Prince v. State, 964 So. 2d 783, 784 (Fla. 4th DCA 2007)). Order striking Appellant’s motion is VACATED and case REMANDED for consideration of Appellant’s postconviction claims on their merits. SAWAYA, LAWSON, and JACOBUS, JJ., concur.…

Authorities Cited

• Pearce & Pearce, Inc. v. Kroh Bros. Dev. Co., 474 So. 2d 369 (Fla. 1st DCA 1985)
• G & G Fashion Design, Inc. v. Garcia, 870 So. 2d 870 (Fla. 3d DCA 2004)