HERNANDEZ
v.
STATE

Fla. 3d DCA | 2019-05-29
No. 19-0720
299 So. 3d 461 Florida District Court of Appeal, Third District (2019) Positive Treatment
Cited by 3 cases

Per_curiam
Per Curiam

Third District Court of Appeal

State of Florida

Opinion filed May 29, 2019.

Not final until disposition of timely filed motion for rehearing.

No. 3D19-720

Lower Tribunal Nos. 98-21008 & 98-21112

Juan Jose Hernandez, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Dava J. Tunis and Oscar Rodriguez-Fonts, Judges.

Juan Jose Hernandez, in proper person.

Ashley Moody, Attorney General, for appellee.

Before LOGUE, SCALES, and HENDON, JJ.

PER CURIAM.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …court cannot dismiss a cause of action without a pending motion or objection,” and thus “[i]t is a due process violation for a trial court to sua sponte dismiss a claim without notice or a hearing,” citing Bank of N.Y. Mellon Corp. v. Hernandez, 299 So. 3d 461, 463 (Fla. 3d DCA 2020). The Landlord also argues that the motion to determine rent was not intended to serve as a vehicle for final adjudication of eviction actions. Section 83.232, Florida Statutes (2020), concerns “Rent paid into registry…
  • Kim v. Galasso (Fla. 2d DCA 2022)
    …ng before the court, no indication from the record that any kind of hearing had been set, and no motion, objection, or defense ever raised as to the sufficiency of the pleading or [the plaintiff's] standing"); Bank of N.Y. Mellon Corp. v. Hernandez, 299 So. 3d 461, 463 (Fla. 3d DCA 2020) ("A trial court cannot dismiss a cause of action without a pending motion or objection. It is a due process violation for a trial court to sua sponte dismiss a claim without notice or a hearing." (citing Lawson, 197 So. 3d a…
  • Kohn v. Air Experts Today (Fla. 2d DCA 2026)

Full citator, related cases, and AI research tools

Open in FLexlaw