THE ESTATE OF JAMES A. ALLEN, DECEASED, APPELLANT,
v.
DUVAL COUNTY HOSPITAL AUTHORITY, APPELLEE

Fla. 1st DCA | 1978-02-17
No. GG-224
McCORD, C. J., BOYER, J., and McLANE, RALPH M., Associate Judge, concur.
358 So. 2d 31 Florida District Court of Appeal, First District (1978) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. Aldana v. Holub et al., 354 So. 2d 1272 (Fla. 1st DCA 1978). See also Perkins v. Pare, 352 So. 2d 65 (Fla. 4th DCA 1977).

McCORD, C. J., BOYER, J., and McLANE, RALPH M., Associate Judge, concur.


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    …illiams v. Illinois, 399 U.S. 235, at 241-242, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970). “[I]t is the excess of total imprisonment over the statutory maximum with which the courts are concerned.” Matthews v. Dees, supra at 931; see also Wilson v. State, 358 So. 2d 31 (Fla. 4th DCA 1978); Gelis v. State, 287 So. 2d 368, 369 (Fla. 2d DCA 1973). We hold that the summary denial of Cooper’s petition for postconviction relief was erroneous. Accordingly, the order denying hearing is vacated and this cause is [*201] re…

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