THOMAS E. SMAIL
v.
STATE

Fla. 5th DCA | 2018-06-04
No. 18-753
Howard, J., Cohen, C.J., Sawaya, J., Evander, J.
Florida District Court of Appeal, Fifth District (2018)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The trial court's order is affirmed without prejudice to appellant filing an appropriate motion for postconviction relief as to claims one and eight.


Headnotes

[1] An appellate court may affirm a trial court's order without prejudice to the appellant's right to file an appropriate motion for postconviction relief on specified claims…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Thomas Earl Smail appealed an order from the Circuit Court for Citrus County. The appeal involved claims one and eight among others.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Affirmed. Cohen

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

THOMAS EARL SMAIL,

Appellant,

v. Case No. 5D18-753

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed June 8, 2018

3.801 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

Thomas Earl Smail, Raiford, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the order under review without prejudice to Appellant filing an appropriate motion for postconviction relief as to claims one and eight.

AFFIRMED.

COHEN, C.J., SAWAYA and EVANDER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw