BURNELL JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
BURNELL JOHNSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
175 So. 2d 592
Florida District Court of Appeal, Third District (1965)
Positive Treatment
Cited by 1 case
Opinion of the Court
The appellant appeals from a trial court’s, denial without hearing of his motion for relief pursuant to Criminal Procedure Rule No. 1 F.S.A. ch. 924 Appendix. An examination of the record supports the trial judge’s order denying appellant’s motion for relief because the motion failed to allege any fact or ground which would support relief pursuant to the Rule. See Sampson v. State, Fla.App.1963, 158 So.2d 771; Dykes v. State, Fla.App.1964, 162 So.2d 675.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carpenters Dist. Council OF Jacksonville & Vicinity v. The Honorable Roger J. Waybright, 282 So. 2d 193 (Fla. 1st DCA 1973)…e afforded an opportunity to claim damages, if any, by appropriate action before the trial court. Damages and attorney fees are recoverable where an injunction is wrongfully entered. See Section 60.07, Florida Statutes, F.S.A.; Nicholas v. Willmott, 175 So. 2d 592 (Fla.App.1965); National Surety Co. v. Willys-Overland, Inc., 103 Fla. 738, 138 So. 24 (1931). Accordingly, our order on mandate of July 31, 1973, is amended hereby and the writ of prohibition initially prayed for by petitioner is granted restraini…
Authorities Cited
- Dykes v. State, 162 So. 2d 675 (Fla. 1st DCA 1964)
- Arthur v. Sampson, 158 So. 2d 771 (Fla. 2d DCA 1963)