SINCLAIR REFINING COMPANY, A MAINE CORPORATION, APPELLANT,

v.

ADA SMITH, APPELLEE

Citator

Cited By (24 total)

• Ervin McCRAY v. State, 699 So. 2d 1366 (Fla. 1997)
  …tate has been prejudiced in responding to the claim.” Anderson v. Singletary, 688 So. 2d 462, 463 (Fla. 4th DCA 1997). See also Xiques v. Dugger, 571 So. 2d 3 (Fla. 2d DCA 1990); Smith v. Wainwright, 425 So. 2d 618 (Fla. 2d DCA 1982); Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970). Moreover, the doctrine of laches has been applied to bar a collateral relief proceeding when, from the face of the petition, it is obvious that the state has been manifestly prejudiced and no reason for an extraordinary delay ha…
• Blatch v. State, 389 So. 2d 669 (Fla. 3d DCA 1980)
  …he State claimed that witnesses required for a retrial were unavailable. At first blush it would seem that the defense of laches, sustainable when there has been a lack of due diligence by the defendant and prejudice to the State, see Remp v. State, 248 So. 2d 677 (Fla.1st DCA 1970), might apply to Blatch’s claim. See also Babson v. Wainwright, 376 So. 2d 1187 (Fla.5th DCA 1979); Broxson v. Wainwright, 271 So. 2d 478 (Fla.1st DCA 1973). But the claim which Blatch asserts, ineffectiveness of retained counsel,…
• Bartz v. State, 740 So. 2d 1243 (Fla. 3d DCA 1999)
  …ew, Bartz’s motion is barred by the doctrine of laches. Lach-es is sustainable in a criminal case where there has been both a lack of due diligence on the part of the defendant in bringing forth a claim and prejudice to the State. See Remp v. State, 248 So. 2d 677, 678-79 [*1245] (Fla. 1st DCA 1970), citing Costello v. United States, 365 U.S. 265, 81 S.Ct. 534, 5 L.Ed.2d 551 (1961). This has likewise been recognized by this Court, albeit in dicta. See Blatch v. State, 389 So. 2d 669, 672 (Fla. 3d DCA 1980). I…