Search for: "In Re: Amendments To The Florida Rules of Appellate Procedure"
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10 Mar 2010, 2:19 pm
Miss those deadlines and you're out of luck, no matter how legitimate your objections may be. [read post]
14 Nov 2007, 5:20 am
On August 15, 2007, Plaintiff filed a motion to vacate sentence or stay execution pursuant to Florida Rule of Criminal Procedure 3.851(c)(2) raising two claims: (1) Florida's lethal injection method of execution violated the Eighth and Fourteenth Amendments and corresponding provisions of the Florida Constitution, and (2) newly discovered evidence revealed that Mr. [read post]
2 Jul 2023, 8:52 am
Cuing off of the prospective effect of the interpretation, the appellant trade association sued for a judgment declaring that the interpretation was a procedurally improper rulemaking. [read post]
3 Mar 2008, 12:13 pm
Alexander, No. 06-1867 A sentence for sexual abuse of a minor is vacated and remanded where the district court plainly erred in failing to provide notice of an upward variance as required by Federal Rule of Criminal Procedure 32(h). [read post]
25 Jun 2013, 1:05 pm
As far as I can tell this is the first Florida appellate opinion directly tackling these core inheritance-law issues in the adult-adoption context. [read post]
1 Dec 2008, 11:45 am
JURISDICTION Article V, Section 3(b)(1) and (7) of the Florida Constitution gives this Court exclusive appellate jurisdiction over all capital cases and the ability to issue "all writs necessary to the complete exercise of its jurisdiction. [read post]
16 Oct 2011, 6:42 pm
Appeals -- Preservation of issue -- Appeal alleging that circuit court had no procedural basis to enter final order -- Where nothing in plaintiff's appendix suggests he raised his procedural argument to the circuit court, and plaintiff has not provided a transcript of the hearing which led to the final order, the appellate court is forced to conclude that the plaintiff has not preserved his procedural argument -- Based on circuit court's factual… [read post]
11 Mar 2008, 8:46 am
City of Gaithersburg , No. 06-2158 In civil rights action alleging unlawful searches and seizures and unlawful continued retention of plaintiff's weapons, dismissal with prejudice of federal claims, and dismissal without prejudice of state claims, are affirmed over plaintiff's claims that: 1) police searches of his luggage, van, and apartment violated his Fourth Amendment rights; 2) the initial seizures of his guns, ammunition, firearms accessories, and survival literature… [read post]
12 Mar 2018, 7:41 am
Thus, same rules and same procedures. [read post]
12 Mar 2018, 7:41 am
Thus, same rules and same procedures. [read post]
11 Apr 2012, 1:13 am
” In California, as elsewhere, when it is applicable, the business judgment rule.[8] precludes judicial second-guessing of decisions made by corporate fiduciaries in good faith or where the decision can be attributed to any rationale business purpose.[9] The rule is procedural and process oriented. [read post]
3 Nov 2008, 7:03 pm
Rounds, 530 F.3d 724, 732 (8th Cir. 2008): 1) plaintiff was likely to prove any interest the state has in protecting funeral mourners from unwanted speech was outweighed by the First Amendment right to free speech; [read post]
17 Oct 2022, 7:25 am
The procedural path of this case supports the notion that Tendler’s claim should not have been dismissed. [read post]
24 Feb 2011, 7:41 am
Oregon Healthcare Res., 6 No. 18 Westlaw Journal Medical Malpractice 1, Westlaw Journal Medical Malpractice February 11, 2011An Oregon couple who conceived a child after being told that the husband's vasectomy was successful are seeking more than $675,000 in child-rearing expenses from the doctor who allegedly botched the procedure. [read post]
12 Jul 2014, 7:33 pm
Procedural HistoryKrauser sued [BioHorizons] in Florida state court, seeking a declaration that [...] [read post]
10 Jun 2008, 2:36 pm
Conley, No. 07-1426 In an interlocutory appeal from a decision finding that a prisoner plaintiff in a suit for damages governed by the Prison Litigation Reform Act is entitled by the Seventh Amendment to a jury trial on any debatable factual issues relating to the defense of failure to exhaust administrative remedies, the ruling is reversed and remanded where: 1) juries decide cases and not issues of judicial traffic control; 2) the court can conduct a hearing on exhaustion and… [read post]
17 Apr 2019, 7:41 am
Procedurally, the Florida Rules of Appellate Procedure apply to first-tier certiorari review.[1] There is a strict 30-day deadline to file a petition. [read post]
30 Jun 2012, 3:37 pm
STATE OF FLORIDA, Appellee. 2nd District.Criminal law -- Post conviction relief -- Timeliness of motion -- Two-year window for filing rule 3.850 commenced on date judgment and sentence became final after appellate court remanded case for resentencing -- Remand for further proceedings? [read post]
18 Mar 2012, 5:21 pm
LOCASCIO AND IN RE: ESTATE OF SILVIA M. [read post]
17 Dec 2008, 7:16 pm
One defendant's sentence is remanded for resentencing where the district court committed prejudicial procedural error by calculating his advisory guideline range incorrectly. [read post]
