OLIVER LEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-02-21
No. 72-722
Before PEARSON, CHARLES CARROLL and HENDRY, JJ.
273 So. 2d 403 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Oliver Lee, pro se, appeals from a conviction based on a jury verdict on the charge of robbery.

Appellant contends that the court erred in denying his motion for a new trial.

We have considered appellant’s contentions in light of the record on appeal and the briefs and have concluded that no reversible error has been made to appear. See: Luster v. State, Fla.App.1972, 262 So.2d 910; Cf., State v. Sears, 148 Fla. 89, 3 So.2d 721. We have reached our decision without considering the merits of an affidavit of another prisoner, George Hagin, which purports to absolve appellant of complicity in the commission of the crime for which he was convicted. That information was not considered since it is not properly before us in this appeal. This is not to say that it cannot be brought to the attention of the trial court in an appropriate proceeding.

Therefore, for the reasons stated the judgment appealed from is hereby affirmed.

Affirmed.


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  • Coffin v. Coffin, 368 So. 2d 105 (Fla. 4th DCA 1979)
    …ever, has been interpreted to apply only to those situ [*107] ations involving alimony for support and maintenance. It does not apply to purely property settlement agreements. Mills v. Mills, 339 So. 2d 681 (Fla. 1st DCA 1976); Schulman v. Schulman, 273 So. 2d 403 (Fla. 3d DCA 1973). The main issue then is whether or not the trial judge could determine the nature of the agreement on a motion for summary judgment. Use of the word “alimony” is not conclusive, and the court must look to the substance of the agr…
  • Isadore Yagoda v. Klein, 293 So. 2d 734 (Fla. 3d DCA 1974)
    …Fla.1953, 64 So. 2d 281; Fort v. Fort, Fla.1956, 90 So. 2d 313; Salomon v. Salomon, Fla.1967, 196 So. 2d 111; Howell v. Howell, Fla.App.1964, 164 So. 2d 231; McKenna v. McKenna, Fla.App. 1969, 220 So. 2d 433. Cf. Schulman v. Schulman, Fla.App.1973, 273 So. 2d 403.…
  • Pemberton v. Pemberton, 292 So. 2d 44 (Fla. 2d DCA 1974)
    …PER CURIAM. Affirmed. See Section 61.14, Florida Statutes, F.S.A.; Schulman v. Schulman, Fla.App.3rd, 1973, 273 So. 2d 403. McNULTY, A. C. J., and BOARDMAN and GRIMES, JJ., concur.…

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