CHARLES EDWARD CHEEK, PETITIONER,
v.
STATE OF FLORIDA, THE COURT OF RECORD FOR THE COUNTY OF VOLUSIA, EX REL., RESPONDENT
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The court reviewed a final decree in a declaratory judgment action construing a non-competition agreement executed in connection with the sale of corporate stock in produce businesses.
The chancellor declared the non-competition agreement unenforceable because it was too extensive in time and area, and therefore the contract was for naught.
The agreement, executed in 1954, prohibited appellees from entering the tomato produce market for twenty years in exchange for annual payments, with t…
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The petition for writ or mandamus is denied without prejudice to Petitioner’s right to amend his petition to comply with the decision of this Court in Dickey v. Circuit Court, Gadsden County, Quincy, Florida, 200 So.2d 521, opinion filed June 14, 1967.
It is so ordered.
THORNAL, C. J., and ROBERTS, DREW and ERVIN, JJ., concur.
THOMAS, J., dissents and would deny outright.
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Johnson v. State, 904 So. 2d 400 (Fla. 2005)…So. 2d 674, 677@ (Fla. 1974) (acknowledging a limited retroactivity of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), where defendant's interrogation occurred before Miranda, but the trial occurred afterwards); Ray v. State, 200 So. 2d 529, 530 (Fla. 1967) ("It becomes clear, therefore, under the retroactive application of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. [*420] 792, 9 L.Ed.2d 799 (1963), that Ray is entitled to a new trial.”). . Our opinion in Witt cited approvingly to A…
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Hughes v. State, 901 So. 2d 837 (Fla. 2005)…d 674, 677 (Fla.1974) (acknowledging a limited retroactivity of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, [*857] 16 L.Ed.2d 694 (1966), where defendant’s interrogation occurred before Miranda, but the trial occurred afterwards); Ray v. State, 200 So. 2d 529, 530 (Fla.1967) (stating that: "It becomes clear, therefore, under the retroactive application of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), that Ray is entitled to a new trial"). . As the majority concedes, this Court…
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Jetson RAY v. State, 231 So. 2d 813 (Fla. 1969)…ERVIN, Chief Justice. Petitioner Ray seeks release from the State Prison by application for a writ of habeas corpus. The factual background of the present controversy is set forth in this Court’s opinion in Ray v. State (1967), 200 So. 2d 529. The following is a summary of the critical facts established in that decision: Petitioner was arraigned in the Orange County Criminal Court of Record on April 14, 1945, on Information No. 28734, which charged him with burglary. After a witness, Mrs…
Authorities Cited
- Dickey v. Cir. Court, 200 So. 2d 521 (Fla. 1967)