JOHN PAUL HERB, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
This matter recurs for consideration upon the judgment and mandate of the Supreme Court of the United States, 83 S.Ct. 1880. Pursuant to the directions of that Court it is now found that the petition, if proved, alleged grounds for post-conviction relief. In order to expedite the disposition of the matter we decline to issue a writ of habeas corpus, but expressly without prejudice to the petitioner to proceed under Florida Criminal Procedure Rule No. 1, 31 F.S.A. See Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799; and on remand, Gideon v. Wainwright, (Fla.) 153 So.2d 299.
It is so ordered.
DREW, C. J., and TERRELL, THOMAS, ROBERTS and THORNAL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Greyhound Lines, Inc. v. Mayo, 207 So. 2d 1 (Fla. 1968)…onal acceptance of the findings of administrative and quasi-judicial agencies. Central Truck Lines, Inc. v. King, 146 So. 2d 370 (Fla.1962); Polar Ice Cream & Creamery Co. v. Andrews, 150 So. 2d 504 (1 Fla.App.1963); Ryder Truck Lines, Inc. v. King, 155 So. 2d 540 (Fla.1963); Village of North Palm Beach v. Mason, 167 So. 2d 721 (Fla.1964). The holding is not novel or of recent vintage. Leonard Bros. Transfer & Storage Co. v. Douglass, 159 Fla. 510, 32 So. 2d 156 (1947). This holding is supported by the Admini…
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City OF Miami v. Lopez, 487 So. 2d 1111 (Fla. 3d DCA 1986)…unty v. Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976). Where an administrative agency fails to make the required findings of fact the case must be remanded for that purpose. Andersen v. Mason, 184 So. 2d 177 (Fla.1966); Ryder Truck Lines, Inc. v. King, 155 So. 2d 540 (Fla.1963); McCulley Ford, Inc. v. Calvin, 308 So. 2d 189 (Fla. 1st DCA 1974), cert. denied, 314 So. 2d 592 (Fla.1975); Powell v. Board of Public Instruction of Levy County, 229 So. 2d 308 (Fla. 1st DCA 1969). Finding a departure from the essentia…
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Andersen v. Mason, 184 So. 2d 177 (Fla. 1966)…rritory involved. However, so far as the basic conclusion as to public convenience and necessity is concerned, it is equally deficient as the order involved in the Central Truck Lines case, supra. Also see Ryder Truck Lines, Inc. v. King, Fla. 1963, 155 So. 2d 540 and Village of North Palm Beach v. Mason, Fla.1964, 167 So. 2d 721. Moreover, recitations from the testimony cannot be accepted in lieu of fact findings by the commission itself. Ryder Truck Lines, Inc. v. King, supra. For obvious reasons, we deem…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963)
- Gideon v. Louie L. Wainwright, 153 So. 2d 299 (Fla. 1963)
- Foster v. Wainwright, 147 So. 2d 537 (Fla. 1962)