ENID SMELLIE, APPELLANT,
v.
WINDSOR INSURANCE COMPANY, ETC., APPELLEES

Fla. 3d DCA | 2001-06-20
No. 3D00-893
Before LEVY, SORONDO, and RAMIREZ, JJ.
786 So. 2d 680 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Century 21 Admiral’s Port, Inc. v. Walker, 471 So. 2d 544, 545 (Fla. 3d DCA 1985)(failure to seek leave to •amend prior to the dismissal with prejudice or to move for a rehearing requesting leave to amend precludes consideration of the issue for the first time on appeal).


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  • Holmes v. State, 997 So. 2d 1184 (Fla. 3d DCA 2008)
    …turn of property as untimely under [section 705.101(1) of the Florida Statutes], the court is obliged to attach portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence.”); Gonzalez v. State, 786 So. 2d 680, 681 (Fla. 3d DCA 2001); cf. Romero-Saavedra v. State, 735 So. 2d 1290 (Fla. 3d DCA 1999) (finding untimely defendant’s petition to return currency seized as evidence). Accordingly, we affirm without prejudice for Holmes to file a facially suffici…

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