ROBERT J. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT J. SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
90 So. 3d 349
Florida District Court of Appeal, First District (2012)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The summary denial of appellant’s motion for postconvietion relief is reversed because the trial court failed to attach the portions of the record it relied upon in denying the motion. See Isaac v. State, 45 So.3d 42 (Fla. 1st DCA 2010). On the remand, the trial court is directed to attach the relevant portions of the record to its order. Id.
REVERSED and REMANDED with directions.
DAVIS, WETHERELL, and SWANSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Greenbrook NH, LLC v. The Est. OF Alene M. Sayre, 150 So. 3d 878 (Fla. 2d DCA 2014)…arbitrated and provide some procedure by which arbitration is to be effected. See id. The polestar guiding us in the construction of a written arbitration agreement, as with any contract, is the parties’ intent. Crastvell Trading Ltd. v. Marengere, 90 So. 3d 349, 353 (Fla. 4th DCA 2012). We discern that intent “from the total writing and not particular provisions or disjointed parts.” SCG Harbourwood, LLC v. Hanyan, 93 So. 3d 1197,1200 (Fla. 2d DCA 2012). The trial court found that the arbitration agreemen…
-
Castro v. Pullmantur, S.A., 220 So. 3d 531 (Fla. 3d DCA 2017)…the case in Malta; and (2) it is void after the 2008 amendments to the Jones Act. We review the trial court’s order, which dismissed the case based on the forum selection clause in the parties’ contract, de novo. Crastvell Trading Ltd. v. Marengere, 90 So. 3d 349, 353 (Fla. 4th DCA 2012). 1. The forum selection clause is unreasonable. The traditional, eommon law view of “contractual provisions requiring that future disputes be resolved in specified foreign jurisdictions” was that they were “void as impermis…
Authorities Cited
- Isaac v. State, 45 So. 3d 42 (Fla. 1st DCA 2010)