ERNEST L. SAVAGE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ERNEST L. SAVAGE, PETITIONER,
STATE OF FLORIDA, RESPONDENT
158 So. 2d 518
Florida Supreme Court (1963)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Petition for writ of certiorari is addressed to a decision of the District Court of Appeal, First District, Savage v. State, 156 So.2d 566, affirming a trial court order denying a motion to vacate filed pursuant to Rule 1, Supreme Court Rules of Criminal Procedure, F.S.A. ch. 924 App. The petition here asserts no grounds for invoking the jurisdiction of this Court under Section 4, Article V, of the Florida Constitution, F.S.A.
The writ is accordingly denied.
DREW, C. J., and TERRELL, THOMAS, ROBERTS, THORNAL, O’CON-NELL and CALDWELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Pope v. State, 458 So. 2d 327 (Fla. 1st DCA 1984)…d the act, but not the offense charged. We are intrigued by this technical conundrum, apparently raised for the first time on appeal in order to salvage the trial court’s decision, Savage v. State, 156 So. 2d 566 (Fla. 1st DCA 1963), cert. denied, 158 So. 2d 518 (Fla.1963), but conclude that we need not plumb its depths as we find from a careful study of the record that the “unknown intruder” defense was never fully developed during trial. Instead, defense counsel relied primarily on the presumption of inno…
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Genet v. City OF Hollywood, 400 So. 2d 787 (Fla. 4th DCA 1981)…to Section 95.361, Florida Statutes (1977). Nonetheless, utilizing the maxim that we should uphold the trial court if its judgment is sustainable under any theory supported by the record, Savage v. State, 156 So. 2d 566 (Fla. 1st DCA) cert. denied, 158 So. 2d 518 (Fla.1963), I would affirm the judgment of the trial court subject to the qualification set forth below. I believe the trial record contains abundant evidence to support a finding of implied common law dedication. See Hollywood, Jnc. v. City of Holl…
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Amrep Corp. v. Nicholson, 249 So. 2d 84 (Fla. 1st DCA 1970)…ests upon a valid basis, an appellate court will not disturb that judgment merely because it is founded upon erroneous grounds. Escarra v. Winn-Dixie Stores, Inc., 131 So. 2d 483 (Fla.1961); Savage v. State, 156 So. 2d 566 (Fla.App.1963), cert. den. 158 So. 2d 518. In the case at bar, there is a valid reason that supports the judgment being reviewed so as to make it unnecessary to decide the questions posed by appellant. That reason is not dependent upon any facts which may be in controversy. It will be recal…
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- Savage v. State, 156 So. 2d 566 (Fla. 1st DCA 1963)