HAROLDO J. MONTEALEGRE, APPELLANT,
v.
BANCO DE CREDITO, ETC., ET AL., APPELLEES
HAROLDO J. MONTEALEGRE, APPELLANT,
BANCO DE CREDITO, ETC., ET AL., APPELLEES
895 So. 2d 1100
Florida District Court of Appeal, Third District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
These consolidated appeals are from orders based on the judgment we have reversed in Montealegre v. Banco De Credito, 895 So. 2d 1097 (Fla. 3d DCA Case nos. 3D03-2525, 3D03-3299, opinion filed, December 22, 2004). The orders under review are therefore vacated and the causes remanded with directions to proceed in accordance with that decision and this one.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Drinmard Fudge v. State, 45 So. 3d 982 (Fla. 3d DCA 2010)…efendant simply walked into the store while the holdup was going on. The appropriate procedure for a claim of newly discovered evidence is to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. See Ortiz v. State, 895 So. 2d 1100, 1101 (Fla. 3d DCA 2004); Brantley v. State, 912 So. 2d 342 (Fla. 3d DCA 2005). As the mandate in the defendant’s direct appeal issued on March 6, 2009, the defendant is still within the time period for a Rule 3.850 motion. Accordingly we deny relie…
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Goins v. State, 918 So. 2d 332 (Fla. 1st DCA 2005)…umstances and that he could not have discovered the facts earlier. A collateral attack on a criminal conviction based on newly discovered evidence must be made by a motion for postconvic [*333] tion relief filed in the trial court. Ortiz v. State, 895 So. 2d 1100 (Fla. 3d DCA 2004). Accordingly, the instant petition is denied without prejudice to Goins’ right to pursue that remedy. PETITION DENIED. DAVIS, BROWNING and LEWIS, JJ., concur.…
Authorities Cited
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