ANTHONY DOBARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-03-05
No. 97-0195
GUNTHER, C.J., and POLEN and STEVENSON, JJ., concur.
688 So. 2d 470 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Based on the reasoning of our recent opinion in Freeman v. State, 679 So. 2d 364 (Fla. 4th DCA 1996), we affirm the denial of appellant’s rule 3.850 motion but again certify to the supreme court the same question certified in Freeman:

IS STATE v. GRAY, 654 So. 2d 552 (Fla.1995), RETROACTIVE?

GUNTHER, C.J., and POLEN and STEVENSON, JJ., concur.


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  • Augustine Cardona v. Benton Express, Inc., 804 So. 2d 505 (Fla. 3d DCA 2001)
    …or summary judgment was heard, the trial court had no alternative but to grant summary judgment because the only plaintiff before it, having already been made whole, had no damages and therefore no cause of action. See Dollar Systems, Inc. v. Detto, 688 So. 2d 470 (Fla. 3d DCA 1997) (granting summary judgment where there was no evidence that the plaintiff had incurred damages and the complaint did not show that the plaintiff was proceeding in a representative capacity). A party may, with leave of court, amen…

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