PER CURIAM. Matthew Dixon appeals the sentence imposed following his entry of an open no contest plea to charges arising out of a car accident that occurred when he was driving on the wrong side of a major roadway and collided with another vehicle, killing the other driver and severely injuring the driver's minor daughter. A toxicology report disclosed Appellant's blood alcohol content to be 0.281. Mr. Dixon's strongest argument on appeal is that the trial court improperly failed to consider...
PER CURIAM. AFFIRMED. See Roughton v. R.J. Reynolds Tobacco Co., ___ So.3d ___ (Fla. 1st DCA 2013); Gaff v. R.J. Reynolds Tobacco Co., ___ So.3d ___ (Fla. 1st DCA 2013). BENTON, VAN NORTWICK, and PADOVANO, JJ., concur.
BENTON, J. Both as personal representative of the estate of Daniel Dean Roughton and on her own behalf, Lucy Roughton, Daniel's widow, asks us to overturn summary final judgment entered against her on grounds the statute of limitations bars wrongful death claims against R.J. Reynolds Tobacco Co., Lorillard Tobacco Company, Philip Morris USA, Inc., Liggett Group LLC, and Vector Group Ltd., Inc. (Tobacco Defendants) on account of Mr. Roughton's death on May 2, 1997. We reject the contention that...
BENTON, J. As personal representative of the estate of Lennette Gaff, as surviving spouse of Lennette Gaff, and on behalf of Ms. Gaff's surviving child, Wilmer Gaff asks us to overturn summary final judgment entered against him on grounds the statute of limitations bars wrongful death claims against R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., Lorillard Tobacco Company, Lorillard, Inc., Liggett Group, LLC, and Vector Group, Inc. (Tobacco Defendants) on account of Ms. Gaff's death in...
CLARK, J. In this appeal, Appellant claims the trial court erred in denying his motion to withdraw his plea. See Fla. R.Crim. P. 3.170( l ). Appellant moved to withdraw his plea after sentencing. Therefore, he must show one of the grounds enumerated in Rule 9.140(b)(2)(A)(ii)(a)-(e) as well as a "manifest injustice." Fla. R.App. P. 9.140(b)(2)(A)(ii)(b)-(c); Griffin v. State, 114 So.3d 890 , 897 (Fla.2013). We review the trial court's denial for abuse of discretion. Griffin, 114 So.3d...
EVANDER, J. Patricia Wolack appeals from the summary dismissal of her petition for writ of habeas corpus. In her petition, Wolack challenged the Florida Parole Commission's determination of her presumptive parole release date. Although the trial court correctly determined that Wolack's claim was not appropriately raised in a habeas petition, it should have treated the petition as one seeking mandamus relief and transferred the cause to the appropriate venue. Habeas relief is not an available...
KELLY, Judge. Eagle FL VI SPE, LLC (Eagle) and Branch Banking & Trust Co. (BB & T) seek certiorari review of the nonfinal order that denies Eagle's and BB & T's motions for protection from discovery and compels their corporate representatives to attend depositions. We grant the petition and quash the order. BB & T obtained a foreclosure judgment against respondent Cypress Creek Plaza, LLC, and its guarantors. Thereafter, BB & T assigned its interest in the final judgment of foreclosure to...
TORPY , C.J. The issue in this case is whether the owner of a parcel of property, acquired by tax deed, is liable to homeowners' associations for unpaid assessments that accrued prior to the issuance of the tax deed. The trial court entered summary judgment against Appellant, ruling that it was liable for unpaid assessments that accrued before issuance of the deed. We hold that the liability for the assessments did not survive the issuance of the tax deed. Appellant acquired the subject...
PALMER, J. Michelle Smith timely appeals the trial court's order entering summary judgment in favor of Brevard Optometry Associates (BOA). Because there are disputed issues of material fact existing in the record, we reverse. Smith filed an employment discrimination lawsuit against BOA pursuant to the Florida Civil Rights Act of 1992 (FCRA), sections 760.01-.11, Florida Statutes (2009). She alleged that BOA fired her because it no longer wanted to accommodate her requests for time off...
PER CURIAM. Because the Court's jurisdiction was not invoked in a timely fashion, the appeal is dismissed. However, the dismissal is without prejudice to appellant filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). LEWIS, C. J., BENTON and SWANSON, JJ., concur.
PER CURIAM. Because the Court's jurisdiction was not invoked in a timely fashion, the appeal is dismissed. However, the dismissal is without prejudice to appellant filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). LEWIS, C. J., BENTON and SWANSON, JJ., concur.
PER CURIAM. Because the Court's jurisdiction was not invoked in a timely fashion, the appeal is dismissed. However, the dismissal is without prejudice to appellant filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). LEWIS, C.J., BENTON and SWANSON, JJ., concur.
PER CURIAM. Because the Court's jurisdiction was not invoked in a timely fashion, the appeal is dismissed. However, the dismissal is without prejudice to appellant filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). LEWIS, C.J., BENTON and SWANSON, JJ., concur.
PER CURIAM. Affirmed. Not final until disposition of timely filed motion for rehearing.
LOGUE, J. Based upon an anonymous tip to a gun bounty program that K.P. was carrying a firearm, the assistant principal of his high school took possession of his book bag, removed him from a classroom full of students, and escorted him to the principal's conference room. A search of the book bag revealed a loaded, semi-automatic handgun. K.P. appeals the denial of his motion to suppress the evidence of the firearm, arguing that the search of his book bag violated his Fourth Amendment right to...
PER CURIAM. AFFIRMED. See Falcon v. State, 111 So.3d 973 (Fla. 1st DCA 2013). VAN NORTWICK, PADOVANO, and ROWE, JJ., concur.
PER CURIAM. The former husband, Andrew F. Gregory, Jr., appeals from a final order denying his request to terminate his alimony obligation to the former wife, Nancy Ann Gregory. We agree with the former husband that the final order is not founded on competent, substantial evidence supporting the former wife's continued need for alimony, and reverse. The final judgment, dissolving the parties' sixteen-year marriage, was entered in 1983. At that time, the former wife was awarded $650 per...
PER CURIAM. AFFIRMED. VAN NORTWICK, PADOVANO, AND ROWE, JJ., CONCUR. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
PER CURIAM. Gard Midtvaage (lender) timely appeals the final order entered by the trial court dismissing its action against The Porches Bahamas, Ltd. (borrower). We reverse. Lender, a Florida resident, and borrower, a Bahamian corporation, executed an unsecured promissory note. Lender thereafter filed suit for breach of the terms of the note. The matter proceeded to trial, nonjury. At the close of lender's case-in-chief, borrower moved for an involuntary dismissal of the lawsuit. Borrower...
