ROBERT RICHARD PETTI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Defendant’s main thrust on appeal surrounds the in-court identification by the victim. The record permits us to conclude that this identification was of a source wholly independent of any earlier confrontation. United States v. Wade, 1967, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149; Stovall v. Denno, 1967, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199; and Anderson V. State, Fla.App.1968, 215 So.2d 618.
The briefs and record on appeal having been read and given full consideration, and the defendant having failed to demonstrate reversible error, the order of the lower court is affirmed.
Affirmed.
WALDEN, McCAIN, and OWEN, JJ., concur.
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Becerra v. Equity Imports, Inc., 551 So. 2d 486 (Fla. 3d DCA 1989)…re not admitted by a default judgment); Board of Regents v. Stinson-Head, Inc., 504 So. 2d 1374 (Fla. 4th DCA 1987) (party in default admits only the well-pleaded facts and acquiesces only in the relief sought by the pleading); Williams v. Williams, 227 So. 2d 746 (Fla. 2d DCA 1969) (defendant who suffers default admits only well-pleaded facts and acquiesces only in the relief prayed for); Masters v. Rodgers Dev. Group, 283 S.C. 251, 321 S.E. 2d 194 (1984) (default judgment did not preclude defendant from cha…
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BAY Prods. Corp. v. Winters, 341 So. 2d 240 (Fla. 3d DCA 1976)…deceit. Florida law is such that despite the entrance of a default judgment against a defendant, only well-pleaded facts are admitted as true and only relief sought under those well-pleaded facts may be awarded to a plaintiff. Williams v. Williams, 227 So. 2d 746 (Fla.2d DCA 1969); see also 19 Florida Jurisprudence § 301, Pleadings (1958). For [*242] a valuable discussion of this principle of law, see Nishimatsu Construction Co., Ltd. v. Houston National Bank, 515 F. 2d 1200 (5th Cir. 1975), wherein the cour…
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Freeman v. Freeman, 447 So. 2d 963 (Fla. 1st DCA 1984)…ting any grounds for depriving the natural father of the right of custody of his child. A defendant against whom a default is entered admits only the well-pleaded facts and acquiesces only in the relief specifically prayed for. Williams v. Williams, 227 So. 2d 746 (Fla. 2nd DCA 1969). The award of relief not sought by the pleadings is error. Hernandez v. Hernandez, 444 So. 2d 35 (Fla. 3rd DCA 1983). The jurisdiction of the court can be exercised only within the scope of the pleadings. Fine v. Fine, 400 So. 2d…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Wade, 388 U.S. 218 (U.S. 1967)
- Stovall v. Denno, 388 U.S. 293 (U.S. 1967)
- Anderson v. State, 215 So. 2d 618 (Fla. 4th DCA 1968)