HATCH

v.

UNITED STATES

Citator

Cited By

• The Green Cos., Inc. v. Kendall Racquetball Inv., Ltd., 658 So. 2d 1119 (Fla. 3d DCA 1995)
  …dress on rehearing any issue which was neither briefed (in original or supplemental submissions) nor argued to the court. Eastern Airlines, Inc. v. King, 561 So. 2d 1220, 1221 (Fla. 3d DCA 1990), rev. denied, 576 So. 2d 288 (Fla.1991), cert. denied, 500 U.S. 943, 111 S.Ct. 2238, 114 L.Ed.2d 480 (1991) (collecting cases).5 Kendall and Scandinavian are simply incorrect when they assert that there was an adjudication on the merits of the prevailing party issue inherent in or implied by this court’s decision on…
• Dura-Stress, Inc. v. Honorable William G. LAW, Jr., 634 So. 2d 769 (Fla. 5th DCA 1994)
  …r any other orders, nor may the judge pass on the truthfulness of the motion and affidavits. Mac-Kenzie, 565 So. 2d at 1340; Eastern Airlines, Inc. v. King, 561 So. 2d 1220 (Fla. 3d DCA 1990), review denied, 576 So. 2d 288 (Fla. 1991), cert. denied, 500 U.S. 943, 111 S.Ct. 2238, 114 L.Ed.2d 480 (1991). In this case, the judge should not have entered any orders after the motion to disqualify was filed. He should have ruled on the motion first, before proceeding to any other matters. I would, therefore, quash…
• Massey v. State, 760 So. 2d 956 (Fla. 3d DCA 2000)
  …rule that appellate courts will not consider arguments raised, as this one admittedly was, for the first time on rehearing. Eastern Airlines, Inc. v. King, 561 So. 2d 1220 (Fla. 3d DCA 1990), review denied, 576 So. 2d 288 (Fla. 1991), cert. denied, 500 U.S. 943, 111 S.Ct. 2238, 114 L.Ed.2d 480 (1991) (rehearing); Sarmiento v. State, 371 So. 2d 1047 (Fla. 3d DCA 1979), approved, 397 So. 2d 643 (Fla.1981). There is no reason, moreover, to apply the exception to that doctrine which may arise when “recent dev…