HOWARD K. WORTHINGTON, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR DIVISION OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 1966-11-10
No. 1-281
WIGGINTON, Acting C. J., and CARROLL, DONALD K., and SACK, JJ., concur.
191 So. 2d 624 Florida District Court of Appeal, First District (1966) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is a petition for writ of habeas corpus. In 1963 the petitioner filed a motion to vacate under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. A hearing was held before the trial court and the Rule 1 motion was denied. Petitioner’s remedy would have been by appeal from the denial of this motion. The petition for writ of habeas corpus is denied.

WIGGINTON, Acting C. J., and CARROLL, DONALD K., and SACK, JJ., concur.


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  • Thompson v. Jacobs, 314 So. 2d 797 (Fla. 1st DCA 1975)
    …learned and experienced trial judge who, like the jury, had the advantage of [*800] observing the witnesses and hearing the evidence presented, did not find it proper to order a new trial. In Bryans v. Sears, Roebuck and Company, Fla.App. 1st 1966, 191 So. 2d 624, this Court said: “An appellate court is not justified in overturning a verdict of the jury unless the appellant clearly and affirmatively demonstrates that the verdict was contrary to the manifest weight of the evidence or was motivated by prejudi…
  • Tobin v. Alfieri Maserati, 513 So. 2d 699 (Fla. 3d DCA 1987)
    …verdict is supported by substantial competent evidence; see Groth Air Serv., Inc. v. Florida Freight Terminal, Inc., 489 So. 2d 785 (Fla. 3d DCA 1986); Thompson v. Jacobs, 314 So. 2d 797, 799-800 (Fla. 1st DCA 1975); Bryans v. Sears, Roebuck & Co., 191 So. 2d 624, 625 (Fla. 1st DCA 1966), the plaintiff’s evidence of alleged “Lemon Law” violations by the defendants was contradicted by defense testimony and exhibits; see Martin v. Stone, 51 So. 2d 33, 35 (Fla.1951); Altman Cooling Corp. v. Florida Heat & Power…

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