ALBERT JONES A/K/A NATHANIEL WILSON A/K/A LARRY JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-11-08
No. 4D00-1542
WARNER, C.J., GUNTHER and FARMER, JJ., concur.
770 So. 2d 750 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant appeals the trial court’s order, rendered March 30, 2000, denying appellant’s motion to correct illegal sentence raised under Heggs v. State, 759 So. 2d 620 (Fla.2000). The trial court, citing Bortel v. State, 743 So. 2d 595 (Fla. 4th DCA 1999), found that appellant’s December 1996 crime did not fall within this court’s established window period for Heggs claims. Subsequently, the Florida Supreme Court in Trapp v. State, 760 So. 2d 924 (Fla.2000), found that the window period for such a challenge opened on October 1, 1995 and closed on May 24, 1997. The date of appellant’s crime falls within that window. We therefore reverse and remand for the trial court’s consideration of the merits of appellant’s motion.

WARNER, C.J., GUNTHER and FARMER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Sami Qubty v. Rasiklal Nagda, 817 So. 2d 952 (Fla. 5th DCA 2002)
    …rown v. ITT Consumer Fin. Corp., 211 F. 3d 1217 (11th Cir.2000). We reverse and remand with instructions to order arbitration. REVERSED and REMANDED. COBB and HARRIS, JJ., concur. . The Nagdas rely mainly on Florida Title Loans, Inc. v. Christie, 770 So. 2d 750 (Fla. 1st DCA 2000). The basis of Florida Title is unclear, but appears to have been decided on the basis that the subject matter of the litigation did not arise under the first of two loan agreements. . In cases in which rescission has been found…
  • Avid Eng'g, Inc. v. Orlando Marketplace Ltd., 809 So. 2d 1 (Fla. 5th DCA 2001)
    …mutuality of obligation. Accordingly, the trial court denied Avid’s motion to compel arbitration. Avid timely appealed. This court reviews de novo a trial court’s ruling on a motion to compel arbitration. See Florida Title Loans, Inc. v. Christie, 770 So. 2d 750, 751 (Fla. 1st DCA 2000). In Seifert v. U.S. Home Corp., 750 So. 2d 633, 636 (Fla.1999), the Florida Supreme Court stated: Under both federal statutory provisions and Florida’s arbitration code, there are three elements for courts to consider in ru…
  • Brasington v. EMC Corp., 855 So. 2d 1212 (Fla. 1st DCA 2003)
    …la. 1st DCA 1999). The order at issue turns on the validity of an arbitration clause in a contract. Consequently, the appeal presents a question of law which is reviewable by the de novo standard of review. See Florida Title Loans, Inc. v. Christie, 770 So. 2d 750, 751 (Fla. 1st DCA 2000); Avid Engineering, Inc. v. Orlando Marketplace Ltd., 809 So. 2d 1 (Fla. 5th DCA 2002). At the outset we recognize that agreements to arbitrate are favored by the courts. See Seifert v. U.S. Home Corp., 750 So. 2d 633, 636 (…

Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw