THOMAS J. AUFLICK, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
This matter recurs for consideration upon the judgment and mandate of the Supreme Court of the United States. Pursuant to the directions of that Court it is now found that the petition, if proved, alleged grounds for post-conviction relief. In order to expedite the disposition of the matter we decline to issue a writ of habeas corpus, but expressly without prejudice to the petitioner to proceed under Florida Criminal Procedure Rule No. 1, 31 F.S.A. See Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, and on remand, Gideon v. Wainwright, (Fla.) 153 So.2d 299.
It is so ordered.
DREW, C. J., and TERRELL, THOMAS, ROBERTS and THORNAL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (25 total)
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Excelsior Ins. Co. v. Pomona Park BAR & Package Store, 369 So. 2d 938 (Fla. 1979)…n. See 45 Am.Jur.2d Intoxicating Liquors, Section 587 (1960). In Florida, even without a “dram shop act”, sale of alcohol to a minor is a violation of statute and is negligence per se. Section 562.11, Florida Statutes (1977); Davis v. Shiappacossee, 155 So. 2d 365 (Fla.1963). The exclusions under review here deny coverage for liability based on acts that violated an alcoholic beverage law or otherwise transgressed certain civil special law duties of those “engaged'in the business.” Pomona Park has also asser…
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Migliore v. Crown Liquors OF Broward, Inc., 448 So. 2d 978 (Fla. 1984)…for its violation was whether a cause of action against the vendor existed in favor of a minor to whom alcoholic beverages were illegally sold resulting in his intoxication and his injury and death. We addressed this issue in Davis v. Shiappacossee, 155 So. 2d 365 (Fla.1963). Davis sued the vendor for damages resulting from the death of his sixteen-year-old son to whom the vendor had illegally sold a quantity of beer and whiskey. While under the influence of this liquor, the sixteen-year-old boy lost control…
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Bankston v. Brennan, 507 So. 2d 1385 (Fla. 1987)…78 (Fla.1984), and Armstrong v. Munford, Inc., 451 So. 2d 480 (Fla.1984), require us to limit liability to tavern owners who serve alcoholic beverages to minors. In Migliore, we discussed and approved of our prior holding in Davis v. Shiappacossee, 155 So. 2d 365 (Fla.1963), that the minor to whom a vendor illegally sells alcoholic beverages under section 562.11 may maintain a cause of action against the vendor for injuries resulting therefrom. On the precise issue before the Court in Migliore, we adopted th…1 / 3
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- Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963)
- Gideon v. Louie L. Wainwright, 153 So. 2d 299 (Fla. 1963)