PAN AMERICAN LIFE INSURANCE COMPANY, APPELLANT,
v.
ROLANDO MENENDEZ BOTANA, APPELLEE
Appellee has filed a petition for rehearing and upon rehearing granted, the cause was re-argued and reconsidered. We are now of the view that the opinion and judgment of this court filed on April 10, 1964 (not reported) should be vacated and withdrawn, and the judgment of the circuit court affirmed on the authority of Pan American Life Insurance Company v. Raij, Fla.App.1963, 156 So.2d 785, and Pan-American Life Insurance Company v. Recio, Fla.App.1963, 154 So.2d 197.
Accordingly, the previous opinion and judgment of this court is hereby vacated and withdrawn, and the judgment of the circuit court appealed from will now stand affirmed.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
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Phillips v. State, 164 So. 2d 858 (Fla. 2d DCA 1964)…e petitioner may furnish the appellate court with a record of the plenary hearing on which the trial court concluded that the insolvent prisoner was entitled to no relief. See e. g. Caminita v. State, Fla.App.1964, 159 So. 2d 921; Williams v. State, 163 So. 2d 767, Second District Court of Appeal, Case No. 4428, opinion filed May 13, 1964. As. stated previously, no such hearing was held' in the instant case. The cause is reversed and remanded for plenary hearing on the motion as outlined in King v. State, Fla…
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Cintron v. State, 504 So. 2d 795 (Fla. 2d DCA 1987)…ner is entitled to no relief.” The phrase “files and records,” as employed in the rule, has been interpreted as excluding matters dehors the official court record. See, e.g., Youngblood v. State, 261 So. 2d 867 (Fla. 2d DCA 1972); Williams v. State, 163 So. 2d 767 (Fla. 2d DCA 1964). In Sampson v. State, 158 So. 2d 771 (Fla. 2d DCA 1963), the trial court attached to its order certain items apparently submitted ex parte in response to the motion but which were never made a part of the court record prior to the…
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Falagon v. State, 167 So. 2d 62 (Fla. 2d DCA 1964)…’s opinion is also liberally sprinkled with matters dehors the record, which matters we have previously held-are improper for consideration on Rule 1 motion — unless they are first properly made a part of the record. Williams v. State, Fla.App.1964, 163 So. 2d 767. See also Thomas v. State, Fla.App.1964, 160 So. 2d 119. The remaining reason given for denying the relief sought states as follows: “8. Defendant has consecutive sentences from the Circuit Court of Madison County for the crime of Escape, and even…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nat'l Trading, Inc. v. CAT CAY, Ltd., 154 So. 2d 197 (Fla. 3d DCA 1963)
- Lake v. Bernhardt R. Stiegler, Jr., 156 So. 2d 785 (Fla. 3d DCA 1963)
- PAN Am. Life Ins. Co. v. Raij, 156 So. 2d 785 (Fla. 3d DCA 1963)