RAYMOND R. STONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1972-06-29
No. R-80
SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.
264 So. 2d 81 Florida District Court of Appeal, First District (1972) Positive Treatment
Cited by 14 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks reversal of the order denying his motion for post-conviction relief. It is urged that the decision of Franklin v. State, 257 So.2d 21 (Fla.1971), which declared Florida Statutes § 800.01, F.S.A., unconstitutional for vagueness and uncertainty, should have retroactive effect. This contention is directly contradicted by the Franklin case itself, wherein it is stated:

“In view of our former decisions, this judgment holding the felony statute void is not retroactive, but prospective only.” 257 So.2d at 24.

We have considered appellant’s remaining contentions of error and find them to be totally without merit. The order appealed herein is therefore affirmed.

SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.


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  • Feldman v. Stephen Glucroft, M.D., 522 So. 2d 798 (Fla. 1988)
    …Farish v. Wakeman, 385 So. 2d 2 (Fla. 4th DCA 1980) (compelled testimony before a legislative committee); Stone v. Rosen, 348 So. 2d 387 (Fla. 3d DCA 1977) (absolute privilege of citizen to make complaint against Florida Bar member); Seidel v. Hill, 264 So. 2d 81 (Fla. 1st DCA 1972) (statements introduced in quasi-judicial proceedings such as worker’s compensation proceedings); Greene v. Hoiriis, 103 So. 2d 226 (Fla. 3d DCA 1958) (statements made in connection with unemployment compensation proceedings). The…
  • Weitzner v. U.S. Precast Corp., 645 So. 2d 180 (Fla. 3d DCA 1994)
    …absolutely privileged. We have not overlooked the plaintiffs’ contrary arguments, but are not persuaded by them. Fridovich v. Fridovich, 598 So. 2d 65, 66 (Fla. 1992); Robertson v. Industrial Ins. Co., 75 So. 2d 198, 199 (Fla.1954); Seidel v. Hill, 264 So. 2d 81 (Fla. 4th DCA 1972). This being so, the final summary judgment entered in favor of the defendant in this cause is, in all respects, Affirmed.…
  • Stone v. State, 267 So. 2d 329 (Fla. 1972)
    …Certiorari denied. 264 So. 2d 81. ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and DEKLE, JJ., concur.…

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