COASTAL POWER PRODUCTS, INC., APPELLANTS,
v.
DAYTONA MARINA & BOAT WORKS AND JAMES RIVERS, APPELLEES
COASTAL POWER PRODUCTS, INC., APPELLANTS,
DAYTONA MARINA & BOAT WORKS AND JAMES RIVERS, APPELLEES
357 So. 2d 473
Florida District Court of Appeal, First District (1978)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Coastal Power, a third party defendant, seeks interlocutory review from the trial court’s denial of the motion to dismiss for lack of venue. The order is affirmed, there having been no manifest inconvenience, and therefore abuse of discretion, shown. State of Florida, Department of Transportation v. San Marco Contracting Company, 355 So. 2d 133 (Fla. 1st DCA 1978); Dorr-Oliver, Inc. v. Linder Industrial Machinery Co., 263 So. 2d 237 (Fla. 3d DCA 1972); Mosby and Russell Engineering Associates, Inc. v. Hudson Company of Florida, 299 So. 2d 53 (Fla. 4th DCA 1974); Keller Building Products of Sarasota, Inc. v. Pan American Aluminum Corp., 347 So. 2d 728 (Fla. 2d DCA 1977).
AFFIRMED.
MILLS, Acting C. J., and ERVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Waddy v. State, 661 So. 2d 351 (Fla. 1st DCA 1995)…uments have been rejected where the defendant was previously convicted of strong-armed robbery, State v. Kirkland, 401 So. 2d 1335 (Fla.1981), and robbery, Southworth v. State, 98 Fla. 1184, 125 So. 345 (1929). See also State ex rel. Branch v. Wade, 357 So. 2d 473 (Fla. 1st DCA 1978) (state nolle prossed attempted murder charge at time of victim’s death and indictment for first-degree murder returned). Petitioner argues that these cases should be distinguished because her prior conviction is of the attempt to…
-
Pulliam v. State (Fla. 1st DCA 2020)…may be dismissed if they arose in the same criminal episode as the original charges. Id. However, this rule does not apply where the new offense was not available as a charge when a defendant is originally charged. See State ex rel. Branch v. Wade, 357 So. 2d 473, 475 (Fla. 1st DCA 1978). In Branch, this Court dismissed a petition for writ of prohibition to prevent the trial court from proceeding on a new charge of first-degree murder. Id. at 474. The defendant argued 2 It is not obvious that “trial would h…
Authorities Cited
- Pollak v. Meyer, 263 So. 2d 237 (Fla. 3d DCA 1972)
- Dorr-Oliver, Inc. v. Linder Indus. Mach. Co., 263 So. 2d 237 (Fla. 3d DCA 1972)
- State v. SAN Marco Contracting Co., 355 So. 2d 133 (Fla. 1st DCA 1978)
- Mosby & Russell Eng'g Assocs., Inc. v. Hudson Co. OF Fla. & Shell Oil Co., 299 So. 2d 53 (Fla. 4th DCA 1974)
- Keller Bldg. Prods. OF Sarasota, Inc. v. PAN Am. Aluminum Corp., 347 So. 2d 728 (Fla. 2d DCA 1977)