CURTIS SHULER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
We affirm the postconviction court’s order denying Curtis Shuler’s motion for postconviction relief as untimely. See Fla. R. Grim. P. 3.850(b); McDonald v. State, 133 So.3d 530 (Fla. 2d DCA 2013) (“We caution McDonald and others that the holding in Deras v. State, 54 So.3d 1023 (Fla. 3d DCA 2011), is limited to its facts and does not, in our view, create a manifest injustice exception to the rule 3.850 time bar.”). As this court cannot consider arguments raised for the first time on appeal, see Connor v. State, 979 So.2d 852, 866 (Fla.2007), our affirmance is without prejudice to Shuler to file a motion under rule 3.800(a). See Toye v. State, 133 So.3d 540, 547 (Fla. 2d DCA 2014).
Affirmed without prejudice.
WALLACE, KHOUZAM, and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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Dukes v. Griffin, 230 So. 3d 155 (Fla. 1st DCA 2017)…ect that other district courts in similar modification cases have required trial courts to set forth specific steps and requirements by which a parent can restore reduced time-sharing and eliminate time-sharing restrictions. See, e.g., Perez v. Fay, 160 So. 3d 459, 466-67 (Fla. 2d DCA 2015); Witt-Bahls v. Bahls, 193 So. 3d 35, 38-39 (Fla. 4th DCA 2016). But we can find no statutory basis for requiring trial courts to do so. Ms. [*157] Dukes’ argument and the cases she identifies cite no underlying law requiri…1 / 2
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Alejandra Ivanovich v. Valladarez, 190 So. 3d 1144 (Fla. 2d DCA 2016)…ial court erred in directing her to pay the transportation expenses for visitation. “[T]he expenses of visitation are part of the parties’ childrearing expenses that must be addressed as part of the parties’ child support obligations.” Perez v. Fay, 160 So. 3d 459, 466 (Fla. 2d DCA 2015); see also Drakulich v. Drakulich, 705 So. 2d 665, 667 (Fla. 3d DCA 1998) (“The expense of transporting the minor child for visitation is a childrearing expense -like any other.... The expense of transporting the child for vis…
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Paola Perez v. Derik FAY, 198 So. 3d 681 (Fla. 2d DCA 2015)…the Amended Supplemental Final Judgment. In addition, we ordered the circuit court on remand to identify the specific steps that the Mother needed to take to reestablish unsupervised time-sharing and/or primary residential custody. See Perez v. Fay, 160 So. 3d 459 (Fla. 2d DCA 2015). Our opinion issued on January 23, 2015, and mandate issued on April 30, 2015. On May 11, 2015, the Mother filed a timely motion for taxation of appellate costs in the circuit court pursuant to Florida Rule of Appellate Procedure…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McDONALD v. State, 133 So. 3d 530 (Fla. 2d DCA 2013)
- Seburt Nelson Connor v. State, 979 So. 2d 852 (Fla. 2007)
- Gianni Passino v. State (Fla. 4th DCA 2019)
- Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014)
- Neff v. Prop. & Cas. Ins. Co. OF Hartford, 133 So. 3d 530 (Fla. 2d DCA 2013)
- Deras v. State, 54 So. 3d 1023 (Fla. 3d DCA 2011)