WILLIAM H. HOLLOWAY, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
WILLIAM H. HOLLOWAY, PETITIONER,
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
160 So. 2d 116
Florida Supreme Court (1963)
Caution
Cited by 6 cases
Opinion of the Court
We have for consideration Holloway’s original petition for a writ of habeas corpus seeking post-conviction relief against a verdict and judgment convicting him of the crime of grand larceny. We do not reach the merits of petitioner’s claims. A casual inspection of the record reveals that the petitioner has failed to exhaust the remedies provided and required as a condition to obtaining the relief now sought in this Court. The petition is therefore denied. See Criminal Procedure Rule #1; Mitchell v. Wainwright, Fla., 155 So.2d 868.
It is so ordered.
DREW, C. J., and TERRELL, THOMAS, ROBERTS and THORNAL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Flesche v. Interstate Warehouse & U. S. Fid. & Guar. Co., 411 So. 2d 919 (Fla. 1st DCA 1982)…ive evidence. This statement, read in isolation, can be interpreted erroneously, as later indicated by the court in Soloff v. U-Totem, Inc. of Broward, 257 So. 2d 31 (Fla.1971), in which the court reaffirmed Dixon v. Bruce Construction Corporation, 160 So. 2d 116 (Fla.1963), for the proposition that the so-called “cumulative evidence” rule, while applicable to petitions for modification on mistake of fact, cannot be applied equally and indiscriminately where the petition is based upon a change in condition.…
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Zuniga v. State, 184 So. 2d 659 (Fla. 1st DCA 1966)…where the grounds for relief may be tested under such rule habeas corpus may not be resorted to until the remedy under the rule, including appropriate appellate review in a court of competent jurisdiction, has been exhausted. Holloway v. Wainwright, 160 So. 2d 116 (Fla.1963); Hillhouse v. State, 159 So. 2d 228 (Fla.1963); Brown v. Wainwright, 158 So. 2d 527 (Fla.1963); Gafford v. Wainwright, 157 So. 2d 138 (Fla.1963); Mitchell v. Wainwright, 155 So. 2d 868 (Fla.1963). In summary, the hearing pursuant to F.S.…
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E. Airlines & GAB v. Griffin, 654 So. 2d 1194 (Fla. 1st DCA 1995)…rida’s courts have rigidly applied the above rule in keeping with the judicial system’s quest for finality of decisions, with the result that modification on such ground is allowed only in the very rare case. See, e.g., Dixon v. Bruce Constr. Corp., 160 So. 2d 116 (Fla.1963); Sauder v. Coast Cities Coaches, Inc., 156 So. 2d 162 (Fla. 1963); Beaty v. M & S Maintenance Co., 124 So. 2d 868 (Fla.1960); McDonough v. Versailles Hotel, 57 So. 2d 16 (Fla.1952); Westwinds Transp., Inc. v. Murphy, 494 So. 2d 519 (Fla.…
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- Berend v. Louie L. Wainwright, 155 So. 2d 868 (Fla. 1963)