REBA RICHTER, APPELLANT,

v.

BEN T. WADDILL, D/B/A KOIN KLEAN LAUNDRY, APPELLEE

Citator

Cited By

• State v. Madison Lee Reynolds, 238 So. 2d 598 (Fla. 1970)
  …s, 166 So. 2d 892 (Fla.1964). If the motion reflects substance and there is nothing conclusively in the record to the contrary, a hearing should be granted. Even in this instance the presence of the prisoner is not always required. Bryant v. State, 204 So. 2d 9 (Fla.App.3d 1967); Ballard v. State, 200 So. 2d 597 (Fla.App.3d 1967). This is a matter within the discretion of the Court, State v. Weeks, supra, which must be exercised in the light of other applicable principles of law, including the requirements…
• Dalton Abbott v. State, 334 So. 2d 642 (Fla. 3d DCA 1976)
  …from the evidence are to be in favor of the verdict or judgment of guilt. Crum v. State, Fla. App.1965, 172 So. 2d 24, 25. As a general proposition, it is the burden of the appellant to make error appear in the record. Bryant v. State, Fla.App.1967, 204 So. 2d 9. Conflicts in evidence and the fact that it may have been susceptible of differing inferences and presented the trier of the facts with questions as to credibility of witnesses and weight to be given to testimony and other evidence presented, will n…
• Sullivan v. State, 372 So. 2d 938 (Fla. 1979)
  …ng for a unanimous Supreme Court, said: If, upon hearing, there are questions of fact within the personal knowledge of the prisoner to be resolved, then the prisoner should be given an opportunity to testify. As stated in Bryant v. State [Fla.App., 204 So. 2d 9], supra: “When there are questions of fact to be decided, it may be the better practice to receive evidentiary statements from a movant either by his being present in the court or by written interrogatories or by deposition taken before a commissio…

Authorities Cited

• Chambers v. Southern Wholesale, 92 So. 2d 188 (Fla. 1956)
• McKEAN v. Kloeppel Hotels, Inc., 171 So. 2d 552 (Fla. 1st DCA 1965)