DARRIS HOWARD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
DARRIS HOWARD, PETITIONER,
STATE OF FLORIDA, RESPONDENT
970 So. 2d 438
Florida District Court of Appeal, First District (2007)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
The petition alleging ineffective assistance of appellate counsel is denied on the merits.
BROWNING, C.J., KAHN and ROBERTS, JJ., concur.
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Myer Berlow v. Berlow, 21 So. 3d 81 (Fla. 3d DCA 2009)…ines set forth in Florida Rule of Criminal Procedure 3.840, see Fiore, 9 So. 3d at 1293; Jones, 967 So. 2d at 344-45, and failure to strictly follow rule 3.840 “constitutes fundamental, reversible error.” Graham v. Fla. Dep’t of Children & Families, 970 So. 2d 438, 441-42 (Fla. 4th DCA 2007). In the February 17, 2009, contempt order, Judge Siegel found that the former husband willfully disregarded prior court orders requiring him to furnish the former wife with the required $1,000,000 life insurance policy.…
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Adelman v. Hillary Elfenbein, 174 So. 3d 516 (Fla. 4th DCA 2015)…r Mr. Adel-man. Because we find that the court [*518] lacked jurisdiction to enter its order in this case, we reverse. Statutory interpretation is a question of law and our standard of review is de novo. Graham v. Fla. Dep’t of Children & Families, 970 So. 2d 438, 442 (Fla. 4th DCA 2007). The statutes governing the adjudication of incapacity and the appointment of a guardian for an incapacitated person are to be strictly construed. In re Fey, 624 So. 2d 770, 772 (Fla. 4th DCA 1993) (holding compliance with t…
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State v. Smith, 67 So. 3d 409 (Fla. 4th DCA 2011)…his particular case, under the undisputed facts, the firearm is not “on or about” the Defendant’s person. Accordingly, the Motion to Dismiss, filed pursuant to Rule 8.190(c)(4) of the Florida Rules of Criminal Procedure is GRANTED. State v. Hinkle, 970 So. 2d 438 (Fla. 4th DCA 2007); Lamb v. State, 668 So. 2d 666 (Fla. 2d DCA 1996). The standard of review on a motion to dismiss is de novo because “[t]he purpose of a motion to dismiss is to allow a pretrial determination of the law of the case when the facts…
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