VALENTIN HERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
VALENTIN HERNANDEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
413 So. 2d 847
Florida District Court of Appeal, Third District (1982)
Caution
Cited by 8 cases
Opinion of the Court
BASKIN, Judge.
Appellant, pursuant to Florida Rule of Appellate Procedure 9.140(g), having taken this appeal from the summary denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 and this court having considered the record presented and the excellent order in which the trial court stated the findings upon which it premised its decision and having further determined that it conclusively appears therefrom that appellant is entitled to no relief, the denial of his motion is affirmed.
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Belvedere Dev. Corp. v. Dep't of Transp., 476 So. 2d 649 (Fla. 1985)…ADKINS, Justice. This cause is before us on petition to review the decision of the Fourth District Court of Appeal in Belvedere Development Corp. v. Department of Transportation, [*650] Division of Administration and Palm Beach County, 413 So. 2d 847 (Fla. 4th DCA 1982), in which that court certified the following question to be a question of great public importance: DOES FLORIDA LAW PERMIT RIPARIAN (OR LITTORAL) RIGHTS TO BE SEPARATED FROM RIPARIAN LANDS? 413 So. 2d at 851. We have jurisdicti…
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Walton Cnty. v. Stop the Beach Renourishment, Inc., 998 So. 2d 1102 (Fla. 2008)…rned that the former upland owners did not have the actual ability to exercise any of their reserved littoral rights since they held no easement or right to enter upon them former land. See id. at 651 (quoting Belvedere Dev. Corp. v. Div. of Admin., 413 So. 2d 847, 851 (Fla. 4th DCA 1982) (Hersey, J., specially concurring)). Therefore, we held in Belvedere that littoral rights “cannot be severed by condemnation proceedings without the consent of the upland owner.” Id. at 653. In so holding, we emphasized that…1 / 2
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5F, LLC v. Dresing, 142 So. 3d 936 (Fla. 2d DCA 2014)…at 800 (citations omitted). In Belvedere Development Corp. v. Department of Transportation, 476 So. 2d 649 (Fla.1985) (Belvedere II), although it quashed the Fourth District’s opinion in Belvedere Development Corp. v. Department of Transportation, 413 So. 2d 847 (Fla. 4th DCA 1982) {Belvedere I), the supreme court quoted with approval the special concurrence of Judge Hersey that riparian owners have the right, among others, “ ‘to wharf out to navigability.’ ” Belvedere II, 476 So. 2d at 651 (quoting Belvede…