RONALD A. DETER, APPELLANT,
v.
LIBERTY NATIONAL BANK, APPELLEE
DAUKSCH, Judge.
This is an appeal from a final summary judgment.
Appellant has alleged that appellee wrongfully appropriated his property. He says the replevin action against his father did not give appellee the authority to take property belonging not to his father, but to him. The bank says it really does not matter that appellant’s property was misappropriated because he could not use it in his business without his father’s property which was rightfully taken. Appellant also charges appellee tried to extort money in exchange for the wrongfully taken property. Appellee denies this. These are factual issues which must be resolved by a trial. The summary judgment is reversed.
REVERSED.
COBB and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Burnside v. State, 720 So. 2d 269 (Fla. 5th DCA 1998)…as corpus seeking a belated appeal because his privately retained attorney failed to file an initial brief. Appellate counsel’s failure to file an initial brief is clearly below the norm of professionally acceptable performance. See P.M.W. v. State, 678 So. 2d 484 (Fla. 5th DCA 1996); Rooney v. State, 682 So. 2d 212 (Fla. 5th DCA 1994). We grant the petition, reinstate Burnside’s appeal in this court’s ease number 97-2884 and relinquish jurisdiction to the trial court for a period of 30 days to appoint substi…
-
Tullis v. State, 690 So. 2d 749 (Fla. 5th DCA 1997)…el repeatedly failed to file a brief as ordered by this court. We grant the petition, reinstate the appeal and direct Tullis’ new counsel1 to file an initial brief within thirty (30) days of receipt of the mandate of this court. See P.M.W. v. State, 678 So. 2d 484 (Fla. 5th DCA 1996); Rooney v. State, 632 So. 2d 212 (Fla. 5th DCA 1994); Melbourne v. State, 635 So. 2d 163 (Fla. 5th DCA 1994). PETITION GRANTED; WRIT ISSUED; CAUSE REMANDED. PETERSON, C.J., and GOSHORN, J., concur. . Tullís' current counse…
-
Holley v. State, 859 So. 2d 568 (Fla. 5th DCA 2003)…t has allowed a belated appeal when the trial court has issued an order which is not in compliance with rule 3.850(g). See, e.g., Kelly v. State, 740 So. 2d 1260 (Fla. 5th DCA 1999); Wray v. State, 690 So. 2d 687 (Fla. 5th DCA 1997); Lewis v. State, 678 So. 2d 484 (Fla. 5th DCA 1996). See also Vlacos v. State, 730 So. 2d 864 (Fla. 1st DCA 1999). Accordingly, we elect to treat Holley’s petition for writ of mandamus as a petition for belated appeal and we order that the state show cause within 20 days why a b…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence