MACIO BERNARD SIMPSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1970-10-30
No. 40191
ROBERTS, DREW, THORNAL, CARLTON and ADKINS, JJ., concur., ERVIN, C. J., and BOYD, J., dissent.
240 So. 2d 645 Florida Supreme Court (1970) Positive Treatment
Cited by 4 cases

Opinion of the Court

Certiorari denied. 237 So.2d 341.

ROBERTS, DREW, THORNAL, CARLTON and ADKINS, JJ., concur.

ERVIN, C. J., and BOYD, J., dissent.


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  • Bartlett Constr., Inc. v. Coastal Plains, Inc., 353 So. 2d 892 (Fla. 3d DCA 1977)
    …mplicit in every pre-trial conference is the possibility that summary judgment might be rendered, appellant’s contention must be rejected. Roberts v. Braynon, 90 So. 2d 623 (Fla.1956); Blatch v. Wesley, 238 So. 2d 308 (Fla. 3d DCA 1970), cert. den., 240 So. 2d 645 (Fla.1970); Raphael v. Koretzky, 102 So. 2d 746 (Fla. 3d DCA 1958). Appellant’s second contention must be likewise rejected in that, by virtue of the record placed before this court, there are no genuine issues of material fact left unresolved by t…
  • The Ultimate Corp. v. CG Data Corp., 575 So. 2d 1338 (Fla. 3d DCA 1991)
    …ays’ notice. Fla.R.Civ.P. 1.510(c) and 1.090(e). The defendants waived any objection to the timeliness of the service by timely filing affidavits opposing the summary judgment motion. See Blatch v. Wesley, 238 So. 2d 308 (Fla. 3d DCA), cert. denied, 240 So. 2d 645 (Fla.1970); Bernard Marko & Assoc., Inc. v. Steele, 230 So. 2d 42 (Fla. 3d DCA 1970). It is thus evident that the timeliness of notice was adequate and the rule served its purpose; accordingly, any error in this regard was harmless since the defenda…
  • Macio Bernard Simpson v. State, 250 So. 2d 656 (Fla. 1st DCA 1971)
    …gust 4, 1970, and reported in 237 So. 2d 341, wherein the judgment of the Criminal Court of Record for Duval County was affirmed; and Whereas, said decision and judgment was declined review by the Supreme Court of Florida by certiorari proceedings, 240 So. 2d 645; and Whereas, in the October Term, 1970, the said cause came on to be heard before the Supreme Court of the United States on petition for writ of certiorari to this Court and response thereto; and Whereas, the mandate of the Supreme Court of the U…

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