DARLING SIPLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Case No. DD-207 is an appeal from an order denying postconviction relief under Florida Rule of Criminal Procedure 3.850. The public defender representing appellant filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We then allowed appellant a period of time within which to file a brief in proper person. Instead of only filing a brief, appellant filed a petition for habeas corpus covering the same subject matter and a brief in proper person therewith. We then entered an order consolidating the two cases, denying the petition for habeas corpus and ruling that we would consider appellant’s habeas corpus brief as his brief on the appeal. Upon consideration of the record and the brief, the order of the trial court is
AFFIRMED.
RAWLS, Acting C. J., and McCORD and SMITH, JJ., concur.
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Fewox v. McMERIT Constr. Co., 556 So. 2d 419 (Fla. 2d DCA 1989)…ervices rendered during arbitration. See Cuevas v. Potamkin Dodge, Inc., 455 So. 2d 398 (Fla. 3d DCA 1984); Heyman v. Vonelli, 413 So. 2d 1254 (Fla. 3d DCA 1982); McDaniel v. Berhalter, 405 So. 2d 1027 (Fla. 4th DCA 1981); Oakdale Park Ltd. v. Byrd, 346 So. 2d 648 (Fla. 1st DCA 1977). But see Zac Smith & Co. (in which the First District Court of Appeal reaches a contrary conclusion to that reached in its previous opinion in Oakdale Park Ltd.)] Consolidated Labor Union Trust v. Clark, 498 So. 2d 547 (Fla. 3d D…
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Jerkins v. USF & G Specialty Ins. Co., 982 So. 2d 15 (Fla. 5th DCA 2008)…tion 627.428. But the USF & G appraisal clause was permissive, not mandatory, providing that either party may demand an appraisal. The Jerkinses were not required to request an appraisal prior to filing their lawsuit. See Oakdale Park, Ltd. v. Byrd, 346 So. 2d 648, 650 (Fla. 1st DCA 1977) (“A party, who has entered into a contract requiring arbitration, may not flagrantly disregard this contractual prerequisite, march down to the courthouse, file a complaint of foreclosure, and demand an attorney’s fee by rea…
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City OF Miami v. Fraternal Order OF Police Lodge NO. 20 OF the City OF Miami, 378 So. 2d 20 (Fla. 3d DCA 1979)…§ 47 (1977). This doctrine finds frequent application in cases which allege the breach of a contract which itself provides for a means, typically through arbitration, in which such disputes are to be resolved. Cf., e. g., Oakdale Park, Ltd. v. Byrd, 346 So. 2d 648 (Fla. 1st DCA 1977); Bohlmann v. Allstate Ins. Co., 171 So. 2d 23 (Fla. 2d DCA 1965); Sections 682.01 et seq., Fla.Stat. (1977). Even more specifically, these cases — which often also involve the correlative principle that a decision rendered throug…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)