PETERSON METELLUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2017-10-25
No. 4D16-1041
Warner, Levine, JJ., and Buchanan, Laurie E., Associate Judge, concur.
229 So. 3d 827 Florida District Court of Appeal, Fourth District (2017) Positive Treatment
Cited by 4 cases

Opinion of the Court
Per Curiam.

Per Curiam.

Affirmed. See Martin v. State, 797 So.2d 6 (Fla. 4th DCA 2001) (Issues I, II, IV); Jackson v. State, 698 So.2d. 1299 (Fla. 4th DCA 1997) (Issue III).

Warner, Levine, JJ., and Buchanan, Laurie E., Associate Judge, concur.


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  • Wheaton v. Mardella Wheaton, 261 So. 3d 1236 (Fla. 2019)
  • …IFIED. JOLLEY, M.G., Associate Judge, concur. BERGER, J., dissents with opinion Without mentioning Matte , but instead following the logic of the Second District in Boatright , the Fourth District concluded in McCoy v. R.J. Reynolds Tobacco Co. , 229 So. 3d 827 (Fla. 4th DCA 2017), that rule 2.516 does not apply to proposals for settlement. Presumably, it concluded that Matte was not in tension with its decision because Matte did not expressly address the applicability of rule 2.516. The McCoy court did, h…
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  • Oldcastle S. Grp., Inc. v. Railworks Track Sys., Inc., 235 So. 3d 993 (Fla. 1st DCA 2017)
    …courts as to whether a proposal for settlement .must be served as provided by rule 2.516. Compare Wheaton v. Wheaton, 217 So. 3d 125 (Fla. 3d DCA 2017), rev. granted, 2017 WL 4785810 (Fla. October 24, 2017), with McCoy v. B.J. Reynolds Tobacco Co., 229 So. 3d 827 (Fla. 4th DCA 2017), and Boatright v. Philip Morris USA Inc., 218 So. 3d 962 (Fla. 2d DCA 2017). We adopt the view of McCoy and Boatright and hold that .compliance with rule 2.516 is not required when serving a proposal for settlement. We certify co…

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