BERT F. ERWIN, APPELLANT,
v.
BEVERLY J. ERWIN, APPELLEE

Fla. 2d DCA | 1964-09-02
No. 4555
SMITH, C. J., and WHITE, J., concur.
167 So. 2d 258 Florida District Court of Appeal, Second District (1964) Positive Treatment
Cited by 40 cases
Opinion of the Court
SAMPLE, WALLACE, Associate Judge.

SAMPLE, WALLACE, Associate Judge.

This cause is reversed and remanded solely on the question of the attorney fee allowed the wife’s attorney for the reasons set forth in the opinion of this court in the appeal of Lyle v. Lyle, 167 So.2d 256, filed this date. In other respects the decree of the chancellor is affirmed.

The motion by appellee for an award of attorney’s fee on appeal is denied.

Affirmed in part, reversed in part and remanded.

SMITH, C. J., and WHITE, J., concur.

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Cited By (20 total)

  • Brookins v. State, 174 So. 2d 578 (Fla. 3d DCA 1965)
    …2d 117; Wooten v. State, supra; Hoffman v. State, Fla.App.1964, 169 So. 2d 38], lack of counsel at a preliminary hearing does not constitute a denial of due process of law. Webster v. State, Fla.App. 1963, 156 So. 2d 890; Sam v. State, Fla.App.1964, 167 So. 2d 258. As to the appellant’s second allegation, the appellant has failed to show in what manner the alleged illegality of his arrest deprived him of a fair trial. Thus, the allegation is insufficient to sustain a [*580] collateral attack on the convictio…
  • Dancy v. State, 175 So. 2d 208 (Fla. 3d DCA 1965)
    …the invalidity of the judgment, sentence or detention. In absence of these supporting factual allegations, the courts have consistently denied the validity of the petitions. Francis v. State, Fla.App.1964, 168 So. 2d 684; Sam v. State, Fla.App.1964, 167 So. 2d 258; Wooten v. State, Fla.App. 1964, 163 So. 2d 305; Webster v. State, Fla. App.1963, 156 So. 2d 890. We are of the opinion that the decision of the trial court is correct, and that no error was committed in denying the petition under Criminal Procedur…
  • Whitlow v. State, 256 So. 2d 48 (Fla. 2d DCA 1971)
    …3) On Voluntariness of Plea. A motion for relief under CrPR 1.850 must allege facts, not conclusions, sufficient to demonstrate deprivation of a constitutional right. Taylor v. State, Fla. App.1965, 171 So. 2d 402; Sam v. State, [*50] Fla.App. 1964, 167 So. 2d 258. No facts were alleged here to show that the guilty plea was entered involuntarily or without understanding the full import and consequences thereof. The order appealed from was properly entered and is accordingly— Affirmed. HOBSON and MANN, JJ.,…

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