STANLEY MARSH & SONS, INC., APPELLANT,

v.

NIAGARA DISTRIBUTORS, INC., APPELLEE

Citator

Cited By

• Frank v. State, 697 So. 2d 584 (Fla. 4th DCA 1997)
  …PER CURIAM. The trial court failed to attach to its order those parts of the record that conclusively refute appellant’s claims for post-conviction relief. In Hastings v. State, 670 So. 2d 1176 (Fla. 4th DCA 1996), this court stated that “[t]he state’s supplementation of the order with portions of the record is insufficient to support the trial court’s summary denial.” Accordingly, we reverse the trial court’s summary denial of appellant…
• Hastings v. Hon. Barry Krischer, 840 So. 2d 267 (Fla. 4th DCA 2003)
  …e trial court apparently denied as successive. This court reversed and remanded because there were no record attachments demonstrating that the six drownings could be considered separate for purposes of consecutive sentencing. See Hastings v. State, 670 So. 2d 1176 (Fla. 4th DCA 1996). The state then submitted a second response, to which Petitioner responded with several motions, including a motion to vacate his status as a habitual offender, based on the vacation of L.T. Case No. 80-696. The state filed anoth…
• Runge v. State, 24 So. 3d 768 (Fla. 4th DCA 2009)
  …esponse or the trial court’s order adopting the State’s reasons as grounds for the summary denial. The State is not permitted to supplement the record on appeal by filing the relevant portions of the record directly in this Court. Hastings v. State, 670 So. 2d 1176, 1177 (Fla. 4th DCA 1996). Moreover, the State’s response, on which the trial court relied, included arguments that some of the claims were legally and factually insufficient. We agree with Runge’s argument that the trial court erred to the extent…

Authorities Cited

• Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
• Brock v. Assocs. Fin., Inc., 625 So. 2d 135 (Fla. 1st DCA 1993)
• Bennington v. State, 657 So. 2d 57 (Fla. 4th DCA 1995)