JOHN ARTHUR GREGGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN ARTHUR GREGGS, APPELLANT,
STATE OF FLORIDA, APPELLEE
990 So. 2d 708
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
John Arthur Greggs appeals the trial court’s order summarily denying his motion for post conviction relief. We reverse the trial court’s summary denial of Greggs’ claims concerning counsel’s failure to file a motion to suppress and to depose certain witnesses. On remand the trial court shall permit Greggs to file a facially sufficient motion within thirty (30) days, pursuant to Spera v. State, 971 So. 2d 754 (Fla.2007). See also Davis v. State, 987 So. 2d 235 (Fla. 4th DCA 2008); Gates v. State, 984 So. 2d 1290 (Fla. 4th DCA 2008).
STONE, STEVENSON and DAMOORGIAN, JJ., concur.
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Bueno v. Ilene Workman, 20 So. 3d 993 (Fla. 4th DCA 2009)…ipients of the letters were not the same. And, as stated above, the second and third elements of equitable estoppel have not been satisfied. [*998] “Waiver is ‘the intentional relinquishment of a known right.’ ” WSG W. Palm Beach Dev., LLC v. Blank, 990 So. 2d 708, 715 (Fla. 4th DCA 2008) (citations omitted). “Breaking down waiver into elements, this court has recognized that three circumstances give rise to a waiver: (1) the existence of a right which may be waived; (2) actual or constructive knowledge of th…
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Progressive Express Ins. Co. v. Michel Camillo and Jean-Paul Camillo, 80 So. 3d 394 (Fla. 4th DCA 2012)…is not retaining any premiums for the lapsed period between the expiration of the policy and the prospective reinstatement of the policy. A waiver is the intentional relinquishment of a known right. See, e.g., WSG W. Palm Beach Dev., LLC v. Blank, 990 So. 2d 708, 715 (Fla. 4th DCA 2008). The elements of waiver are: (1) the existence of a right which may be waived; (2) actual or constructive knowledge of the right; and (3) the intent to relinquish the right. Bueno v. Workman, 20 So. 3d 993, 998 (Fla. 4th DCA…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Lagerian Issac Thurston v. State, 984 So. 2d 1290 (Fla. 4th DCA 2008)
- Gates v. State, 984 So. 2d 1290 (Fla. 4th DCA 2008)
- Davis v. State, 987 So. 2d 235 (Fla. 4th DCA 2008)