BENNIE FRANK TELLAS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hankerson v. State, 879 So. 2d 71 (Fla. 5th DCA 2004)
  …a) motion was pending in this court and the trial court had not sought leave of court to enter an amended order. See Fla. R.App. P. 9.600. As the trial court was without jurisdiction to enter the amended order, it was a nullity. Cf. Tellas v. State, 811 So. 2d 756 (Fla. 1st DCA 2002). Importantly, if we were to rule on the merits of the trial court’s amended order, our decision would also be a nullity. See Daniels v. State, 712 So. 2d 765 (Fla.1998)(holding that since district court of appeal properly found t…
• Inez H. Silvera v. State, 925 So. 2d 1131 (Fla. 5th DCA 2006)
  …tion for jail credit and the appeal is still pending. If the present rule 3.800(a) motion raised the same jail credit issue that was raised in the previous 3.800(a) motion, then the trial court was correct in not ruling on it. Cf. Tellas v. State, 811 So. 2d 756 (Fla. 1st DCA 2002) (holding that it was error to deny rule 3.850 motion as successive while appeal from previous 3.850 motion was pending; instead, trial court should have dismissed present motion raising the same claim pending on review for lack o…
• City OF Miami v. Haigley, 143 So. 3d 1025 (Fla. 3d DCA 2014)
  …, 379 (Fla.1953) (“In common parlance a tax is a forced charge or imposition, it operates whether we like it or not and in no sense depends on the will or contract of the one on whom it is imposed.”); City of Miami v. Quik Cash Jewelry & Pawn, Inc., 811 So. 2d 756, 758-59 (Fla. 3d DCA 2002). Therefore, in the instant case, if the emergency medical transportation services fee, which includes the non-resident surcharge, satisfies the three-prong test, it is a user fee, not a tax. [*1030] (1) The fee the City ch…

Authorities Cited

• Clark v. State, 795 So. 2d 975 (Fla. 1st DCA 2001)