EDDIE BROWN, APPELLANT(S)/PETITIONER(S),
v.
THE STATE OF FLORIDA, APPELLEE(S)/RESPONDENT(S)

Fla. 3d DCA | 2012-03-12
No. 3D09-86
WELLS, C.J., and SHEPHERD and LAGOA, JJ., concur.
128 So. 3d 2 Florida District Court of Appeal, Third District (2012) Caution
Cited by 5 cases

Opinion of the Court

Because the Petitioner Eddie Brown pled guilty in the trial court below without reserving his appellate rights on the pending motion for rehearing, upon the Court’s own motion, it is ordered that the opinion of this Court filed on April 28, 2010, is vacated. Petitioner’s motion for rehearing or for certification of conflict is denied as moot.

Upon consideration of the responses to this Court’s order to show cause dated July 19, 2011, the petition for writ of prohibition is hereby dismissed as moot.

WELLS, C.J., and SHEPHERD and LAGOA, JJ., concur.


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  • Dawnmarie Loftis v. Loftis, 208 So. 3d 824 (Fla. 5th DCA 2017)
    …idence is inadvertently omitted from cases where a party seeks “to reopen its case, change the evidence to alter the existing facts, and then adduce proof of the new facts as altered by using the evidence of such changes”). Nor does Byrne v. Byrne, 128 So. 3d 2 (Fla. 3d DCA 2012), support Former Wife’s position. In Byrne, the wife’s motion to reopen was not opposed by the husband, nor was there any discussion of prejudice. 128 So. 3d at 6. Here, Former Husband opposed the motion, arguing that it would be p…
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