VINCENT PHILPOT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2013-09-18
No. 3D11-2462
Before WELLS and LOGUE, JJ., and SCHWARTZ, Senior Judge.
120 So. 3d 1274 Florida District Court of Appeal, Third District (2013) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the denial of Vincent Philpot’s Florida Rule of Criminal Procedure 3.850 motion, although for grounds different than those stated by the trial court. The motion should have been summarily denied as untimely or successive. See Fla. R.Crim. P. 3.850(b), (f); see also Philpot v. State, 668 So.2d 243 (Fla. 3d DCA 1996). Even if an evidentiary hearing was appropriate, the record reflects no deficient performance of counsel or any resulting prejudice. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Abbott v. Abbott, 187 So. 3d 326 (Fla. 1st DCA 2016)
    …e in the wife’s affidavit of attorney’s fees and costs were reasonable, but did not make specific findings as to the number of hours expended by the wife’s attorney or whether those hours were reasonable, as-required under Rowe); Bradham v. Bradham, 120 So. 3d 1274, 1276 (Fla. 1st DCA 2013) (reversing and remanding the attorney’s fees award where the trial court found that the former wife had a need for a contribution to her attorney’s fees and costs and the former husband had an ability to pay, the former wif…
  • Philpot v. State, 183 So. 3d 410 (Fla. 3d DCA 2014)
    …ed” evidence. The trial court conducted an evi-dentiary hearing and denied the motion on the merits. On appeal, this Court affirmed, finding the trial court should have summarily denied the claim as time-barred and successive. See, Philpot v. State, 120 So. 3d 1274 (Fla. 3d DCA 2013). Nevertheless, Philpot returned to the lower court a third time, seeking the same relief upon the same claims that were previously raised in his two prior motions, determined adversely on the merits, and affirmed on appeal. Phil…
  • Horton v. Horton, 179 So. 3d 459 (Fla. 1st DCA 2015)
    …sue of attorney’s fees, the Former Husband argues, and the Former Wife concedes, that the trial court erred in awarding the Former Wife' $1,865 in attorney’s fees without making the requisite findings as to the proper amount. See Bradham v. Bradham, 120 So. 3d 1274, 1276 (Fla. 1st DCA 2013) (“[A] trial court reversibly, errs when it, awards attorney’s fees without making the requisite findings as to the proper amount, as required by Fla. Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla.1985).”). “Even where…

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