ROY SIMMONS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Conway v. Conway, 111 So. 3d 925 (Fla. 1st DCA 2013)
  …ntent is a question of fact. Centennial Mortgage, Inc. v. SG/SC, Ltd., 772 So. 2d 564, 566 (Fla. 1st DCA 2000). A trial court’s findings of fact are reviewed to determine whether they are supported by competent substantial evidence. Hunter v. State, 87 So. 3d 1273, 1275 (Fla. 1st DCA 2012). When evaluating intent as to an ambiguous portion of a contract, the court must look to the parties’ “subsequent acts, and the circumstances existing at the time of entering into the contract or the modification.” Russell…
• Tyrell v. State, 107 So. 3d 536 (Fla. 4th DCA 2013)
  …stconvietion relief after an evidentiary hearing requires deference to the trial court’s factual findings. See Brancaccio v. State, 27 So. 3d 739 (Fla. 4th DCA 2010). An appellate court is not empowered to make findings of fact. See Hunter v. State, 87 So. 3d 1273 (Fla. 1st DCA 2012). The trial court was required to set forth the findings and conclusions that showed why Defendant was not entitled to relief on his claims. Absent any such findings, we cannot review the sufficiency of its ruling. The State agree…
• Leigh v. State, 175 So. 3d 946 (Fla. 4th DCA 2015)
  …quired by Florida Rule of Criminal Procedure 3.850(f)(8)(A). Without these findings and conclusions, the appellate court is unable to properly review the trial court’s order. Tyrell v. State, 107 So. 3d 536, 537 (Fla. 4th DCA 2013); Hunter v. State, 87 So. 3d 1273, 1275 (Fla. 1st DCA 2012). Appellant also argues that the trial court erred in refusing to consider evidence and argument on his claim that his counsel was ineffective for failing to object to the use of restraints on him during trial. We do not s…

Authorities Cited

• Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)
• Holmes v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)