WILLIE C. HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE C. HARRIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
163 So. 2d 523
Florida District Court of Appeal, Second District (1964)
Negative Treatment
Cited by 8 cases
Opinion of the Court
Appellant’s motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix denied in an order here appealed, fails to state a claim for relief under the aforementioned Rule. The denial based on this insufficiency must be affirmed. Necessarily our judgment, like that of the lower court, is without prejudice to any future application for relief on any other claim cognizable under the Rule.
Affirmed.
ALLEN, Acting C. J., and SHANNON and WHITE, JJ., concur.
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Ashland OIL, Inc. v. Rod Pickard, 269 So. 2d 714 (Fla. 3d DCA 1972)…s in the cause. Rule 1.470(b), R.C.P., 30 F.S.A. requires the filing of written requested instructions and a charge conference. However, the harmless error doctrine is applicable to jury instructions. See: City of Hialeah v. Robinson, Fla.App. 1964, 163 So. 2d 523; § 59.041, Fla.Stat., F.S.A. In the instant case the trial court correctly refused to charge the jury on certain written requested jury instructions submitted by defendants. These requested instructions did not fully and fairly cover the issues and…
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Horn v. I. B. I. Sec. Serv. OF Fla., Inc., 317 So. 2d 444 (Fla. 4th DCA 1975)…al court is erroneous. However, the record on appeal contains no transcript of testimony of the trial proceedings, making it impossible to determine whether giving the erroneous instruction constituted harmful error. See City of Hialeah v. Robinson, 163 So. 2d 523 (Fla.App.1964); 32 Fla.Jur., Trial § 165. Accordingly, I would affirm the final judgment entered by the trial court.…
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Owen v. Bennett, 164 So. 2d 544 (Fla. 3d DCA 1964)…Fla. 405, 104 So. 587, 588; Utilities Service v. Replogle, Fla.App.1959, 110 So. 2d 438, 440; Bailey v. Deverick, Fla.App.1962, 142 So. 2d 775; Funland Park, Inc. v. Dozier, Fla.App. 1963, 151 So. 2d 460; City of Hialeah v. Robinson, Fla.App. 1964, 163 So. 2d 523. On this record the trial judge was eminently correct in ruling that each of the two defendants was entitled to three peremptory challenges of jurors, and therefore that the plaintiff was entitled to six. Affirmed. . The county admitted ownership…
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