JANET LOUISE WARREN, INDIVIDUALLY AND AS NATURAL PARENT AND GUARDIAN OF DANA CARLOTTA WARREN AND ISSAC RUSSELL WARREN, MINORS, APPELLANT,
v.
SHANDS TEACHING HOSPITAL AND CLINICS, INC.; D/B/A SHANDS HOSPITAL AT THE UNIVERSITY OF FLORIDA; BOARD OF REGENTS, STATE OF FLORIDA D/B/A UNIVERSITY OF FLORIDA COLLEGE OF MEDICINE, APPELLEES
JANET LOUISE WARREN, INDIVIDUALLY AND AS NATURAL PARENT AND GUARDIAN OF DANA CARLOTTA WARREN AND ISSAC RUSSELL WARREN, MINORS, APPELLANT,
SHANDS TEACHING HOSPITAL AND CLINICS, INC.; D/B/A SHANDS HOSPITAL AT THE UNIVERSITY OF FLORIDA; BOARD OF REGENTS, STATE OF FLORIDA D/B/A UNIVERSITY OF FLORIDA COLLEGE OF MEDICINE, APPELLEES
700 So. 2d 444
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellees have filed a motion for rehearing, rehearing en banc, or in the alternative, for certification of conflict. We deny the motions for rehearing and rehearing en banc, but grant the motion for certification. We certify that our decision in this case, with regard to the applicability of Kozel v. Ostendorf, 629 So. 2d 817 (Fla.1993), in the context of late service, is in direct conflict with the decision of the Fourth District in Stahl v. Evans, 691 So. 2d 1184 (Fla. 4th DCA 1997).
BOOTH, JOANOS and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Vanderblomen v. State, 709 So. 2d 144 (Fla. 1st DCA 1998)…his issue of whether all claims for additional presentencing jail or prison credit still could be raised in 3.800(a) motions. While this court adopted the approach taken by the Fourth and Fifth District Courts of Appeal, see, e.g., Edwards v. State, 700 So. 2d 444 (Fla. 1st DCA 1997); Barfield v. State, 671 So. 2d 820 (Fla. 1st DCA 1996); Gibbs v. State, 685 So. 2d 88 (Fla. 1st DCA 1996), review dismissed, 692 So. 2d 185 (Fla.1997); Berry v. State, 684 So. 2d 239, 240 (Fla. 1st DCA 1996), the Second District…
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Denty v. State, 731 So. 2d 789 (Fla. 1st DCA 1999)…to treat the appellant’s timely, sworn motion as if it had been filed under Florida Rule of Criminal Procedure 3.850, and conduct an evidentiary hearing. See generally, e.g., Turner v. State, 670 So. 2d 1031 (Fla. 2d DCA 1996). Cf. Edwards v. State, 700 So. 2d 444, 445 (Fla. 1st DCA 1997) (holding court unable to treat an unsworn motion seeking credit for jail time under Florida Rule of Criminal Procedure 3.800 “as if filed pursuant to rule 3.850”). On review of prior orders denying collateral motions seeki…
Authorities Cited
- Carolann D. Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993)
- Gallo v. State, 691 So. 2d 1184 (Fla. 4th DCA 1997)