EDWARD SPENCER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD SPENCER, APPELLANT,
STATE OF FLORIDA, APPELLEE
794 So. 2d 616
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Edward Spencer appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order denying Spencer relief without prejudice to any right Spencer might have to file, pursuant to rule 3.850, a timely, facially sufficient motion for postconviction relief should there be sufficient grounds for him to do so. See Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000) (en banc).
Affirmed.
WHATLEY, A.C.J., and NORTHCUTT and CASANUEVA, JJ., concur.
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Lawyers Title Ins. Co., Inc. v. Novastar Mortg., Inc., 862 So. 2d 793 (Fla. 4th DCA 2003)…that a trial court’s decision in a declaratory action is accorded a presumption of correctness). A trial court’s findings of fact in a declaratory judgment action will be upheld if supported by competent substantial evidence. See Collier v. Parker, 794 So. 2d 616, 618 (Fla. 1st DCA 2001). Conversely, any conclusions of law are reviewed de novo. See Panama City Beach Cmty. Redevelopment Agency v. State, 831 So. 2d 662, 665 (Fla.2002); First Union Nat’l Bank v. Turney, 824 So. 2d 172, 185 (Fla. 1st DCA 2001).…
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Linda S. Beckham/Tillman as sole beneficiary of the Estate of Grober Nell Beckham v. Bennett, 118 So. 3d 896 (Fla. 1st DCA 2013)…eral considerations inform our analysis of the issue. On the one hand, the trial court’s decision carries a presumption of correctness unless it “misapplied the law or did not base its decision on competent, substantial evidence.” Collier v. Parker, 794 So. 2d 616, 618 (Fla. 1st DCA 2001). On the other hand, “when the trial court’s determination turns upon the meaning of ... depositions [andjother documents ... which are presented in essentially the same form to the appellate court ... the trial court does no…
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