ALAN ABOLILA, APPELLANT,
v.
BRIGITTE ABOLILA, APPELLEE
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PER CURIAM.
Affirmed. See Doyle v. Doyle, 789 So. 2d 499, 503 (Fla. 5th DCA 2001) (“Whether to grant an award of attorney’s fees is a matter within the trial court’s sound discretion; therefore, absent a showing of abuse of that discretion, the decision cannot be reversed.”) (citations omitted); Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So. 2d 68, 69 (Fla.1978) (holding that voluntary dismissal terminates the trial court’s jurisdiction); Miles v. Champlin, 805 So. 2d 1085, 1087 (Fla. 1st DCA 2002) (“[A] trial court has discretion to make a reduction of child support retroactive to the date the petition for modification was filed, whenever ‘equity requires.’ ”) (emphasis added); Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976) (“It is not the function of the appellate court to substitute its judgment for that of the trial court through re-evaluation of the testimony and evidence,” but rather the test is “whether the judgment of the trial court is supported by competent evidence.”).
AFFIRMED.
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State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)…ve motions, we hold that where, as here, a defendant raises an issue under rule 3.800, the lower court denies relief and the defendant fails to appeal, he may not later raise the same issue in another rule 3.800 motion.” Id. Accord Tis-dol v. State, 823 So. 2d 300, 301 (Fla. 3d DCA 2002); see also Jenkins v. State, 749 So. 2d 527, 528 (Fla. 1st DCA 1999) (noting that a defendant may not raise the same illegal sentencing issue in successive post-conviction motions); Price v. State, 692 So. 2d 971, 971 (Fla. 2d…
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Garcia v. State, 69 So. 3d 1003 (Fla. 3d DCA 2011)…essive motions, we hold that where, as here, a defendant raises an issue under rule 3.800, the lower court denies relief and the defendant fails to appeal, he may not later raise the same issue in another rule 3.800 motion”); accord Tisdol v. State, 823 So. 2d 300, 301 (Fla. 3d DCA 2002); see also Jenkins v. State, 749 So. 2d 527, 528 (Fla. 1st DCA 1999) (noting that a defendant may not raise the same illegal sentencing issue in successive postcon-viction motions); Price v. State, 692 So. 2d 971, 971 (Fla. 2d…
Authorities Cited
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- Randle-Eastern Ambulance Serv., Inc. v. Vasta, 360 So. 2d 68 (Fla. 1978)
- Doyle v. Doyle, 789 So. 2d 499 (Fla. 5th DCA 2001)
- Tropic Transit, Inc. v. Comsis Mobility Servs., Inc., 805 So. 2d 1085 (Fla. 1st DCA 2002)
- Noralyn Miles v. Champlin, 805 So. 2d 1085 (Fla. 1st DCA 2002)