MICHAEL HARTH, APPELLANT,
v.
SALEM R. TOWNE, APPELLEE

Fla. 5th DCA | 2008-02-08
No. 5D06-4469
ORFINGER, MONACO and TORPY, JJ., concur.
973 So. 2d 1253 Florida District Court of Appeal, Fifth District (2008) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Schwab & Co. v. Breezy Bay, Inc., 360 So. 2d 117, 118 (Fla. 3d DCA 1978) (“The discretion reposed in the trial judge by Fla. R. Civ. P. 1.540 is of the broadest scope and in order to reverse a judge’s ruling thereunder, there must be a showing of a gross abuse of discretion.”).

ORFINGER, MONACO and TORPY, JJ., concur.


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  • Harris v. State, 5 So. 3d 750 (Fla. 1st DCA 2009)
    …n affirming on this basis the partial denial of Mr. Harris’ Florida Rule of Criminal Procedure 3.800 motion, we align ourselves with the Second and Fifth Districts. See Rawlings v. State, 976 So. 2d 1179, 1181-82 (Fla. 5th DCA 2008); Green v. State, 973 So. 2d 1253, 1253 (Fla. 5th DCA 2008); Walker v. State, 965 So. 2d 1281, 1283-84 (Fla. 2d DCA 2007). Like our sister courts, we begin our analysis with the statute itself, read in light of the supreme court’s opinion in State v. Hearns, 961 So. 2d 211, 216 (Fl…
  • Weaver v. State, 994 So. 2d 380 (Fla. 4th DCA 2008)
    …PER CURIAM. Affirmed. See Dennis v. State, 980 So. 2d 1279, 1281 (Fla. 4th DCA 2008); Green v. State, 973 So. 2d 1253 (Fla. 5th DCA 2008); Rawlings v. State, 976 So. 2d 1179 (Fla. 5th DCA 2008); Walker v. State, 965 So. 2d 1281 (Fla. 2d DCA 2007). STONE, POLEN and DAMOORGIAN, JJ., concur.…

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