JELLEN SOLOMON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1968-11-04
No. 1510
McCAIN and REED, JJ., concur.
215 So. 2d 83 Florida District Court of Appeal, Fourth District (1968) Positive Treatment
Cited by 5 cases

Opinion of the Court
BARNS, PAUL D., Associate Judge.

BARNS, PAUL D., Associate Judge.

The appellant, having been found guilty by the jury of robbery and so adjudged guilty and duly sentenced by the court, appealed from the judgment and sentence. We affirm.

The defendant was represented at trial by her retained attorney. No motion for a new trial was made and the appeal was entered by the public defender. It appears that he did so blindly and perfunctorily without any professional evaluations of merits as to any grounds for reversal.

No point argued by the public defender in his brief relates to any adverse ruling made at trial and fundamental error has not been made to appear.

The judgment and sentence are affirmed.

Affirmed.

McCAIN and REED, JJ., concur.


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  • Lowe v. Broward Cnty., 766 So. 2d 1199 (Fla. 4th DCA 2000)
    …iages. Budd v. J.Y. Gooch Co., 157 Fla. 716, 27 So. 2d 72, 74 (1946). Elements of common law marriage in Florida include cohabitation and the essential element of a mutual agreement between the parties “to be husband and wife.” Phillips v. Phillips, 215 So. 2d 83, 84 (Fla. 3d DCA 1968) (citation omitted). As discussed above, a domestic partnership created by the Act does not rise to the level of a traditional marital relationship. We find no constitutional violation as a result of section 798.02, Florida St…
  • Cohen v. Mali Ben Shushan, 212 So. 3d 1113 (Fla. 2d DCA 2017)
    …le must share a common household, maintain a family life, and not be married to other people. Both relationships are created by the parties themselves by agreeing to be. married in the present and then behaving accordingly. See Phillips v. Phillips, 215 So. 2d 83, 84 (Fla. 3d DCA 1968) (“A common law marriage generally is established by evidence of cohabitation and repute, and of an agreement between the parties per verba de praesenti to be husband and wife.”). Neither is formed by governmental authority but…
  • Duey v. Duey, 343 So. 2d 896 (Fla. 3d DCA 1977)
    …ist: general repute, cohabitation, capacity and present assent to become man and wife, i. e., words per verba de praesenti. Chaves v. Chaves, 79 Fla. 602, 84 So. 672 (1920); Marden v. Marden, 276 So. 2d 493 (Fla. 4th DCA 1973); Phillips v. Phillips, 215 So. 2d 83 (Fla. 3d DCA 1968). While it is uncontradicted that the parties cohabitated together and held themselves out to the world as being husband and wife — bought property in their joint names, filed joint income tax returns, etc., there is noticeably la…

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