ECS HOLDINGS INC., APPELLANT,

v.

JEFFREY SCHILLINGER, DR. DAVID SCHILLINGER, EDCARE, INC., EDCARE OF MINNESOTA, INC., EDCARE OF ILLINOIS, INC., AND ECS AVIATION, LLC, APPELLEES

Citator

Cited By

• Miralles v. State, 837 So. 2d 1083 (Fla. 4th DCA 2003)
  …002); Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000). A defendant may be entitled to withdraw a plea entered in reliance on affirmative misadvice which results in prejudice even if the misadvice concerns collateral consequences. Kelley v. State, 821 So. 2d 1255 (Fla. 4th DCA 2002). Notwithstanding the expiration of the two year filing deadline, an allegation of affirmative misadvice is reviewable under Rule 3.850 if a claim is filed within two years of discovering counsel’s misadvice. See Ghanavati v. Stat…
• Kelly v. State, 964 So. 2d 135 (Fla. 2007)
  …ly’s motion under Florida Rule of Criminal Procedure 3.850. FACTS AND PROCEDURAL HISTORY Pursuant to a plea agreement, Kelly pled guilty to conspiracy to traffic in cocaine and trafficking in cocaine ,of more than-400 grams. Kelley [sic] v. State, 821 So. 2d 1255, 1256 (Fla. 4th DCA 2002) (Kelly I). He then violated his plea agreement and was sentenced to twenty years in prison with a fifteen-year mandatory minimum provision, consisting of two concurrent fifteen-year mandatory minimum sentences. Id. In sente…
• Magrini v. Sec'y, Dep't of Corr. (Sarasota County) (M.D. Fla. 2025)
  …e minimum mandatory provisions" even when “there is evidence of police inducement . . . leading to the quantity of the contraband possessed or sold to be greater than the defendant originally had the disposition to possess or sell.” Kelley v. State, 821 So. 2d 1255, 1257 (Fla. 4th DCA 2002). For this reason, too, counsel had no basis to seek a downward departure for sentence manipulation. ---PAGE 14--- C. Ground Three—Failure to Present Involuntary Intoxication Defense Magrini argues that trial counsel provid…

Authorities Cited

• Benemerito & Flores, M.D.'S, P.A. v. Zeidy Roche, M.D., 751 So. 2d 91 (Fla. 4th DCA 1999)