AUDIO ODYSSEY, LTD., ET AL.

v.

BRENTON FIRST NATIONAL BANK ET AL.

Citator

Cited By

• Tobias Brown v. State, 967 So. 2d 440 (Fla. 4th DCA 2007)
  …court does not hold an evidentiary hearing, a reviewing court must accept as true the factual allegations “to the extent they are not refuted by the record.” McLin, 827 So. 2d at 954 (citing Foster v. State, 810 So. 2d 910, 914 (Fla.), cert. denied, 537 U.S. 990, 123 S.Ct. 470, 154 L.Ed.2d 359 (2002) (citations omitted)). “[A] defendant alleging an ineffective assistance of counsel claim must set out in his or her motion sufficient alleged facts which, if proven, would establish the two prongs necessary fo…

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• Valentine v. State, 873 So. 2d 608 (Fla. 5th DCA 2004)
  …ate a brief reason therefore, or that it is conclusively refuted by the record, attaching relevant portions of the record, or in this case,- making a specific reference to the attached whole. See Foster v. State, 810 So. 2d 910 (Fla.), cert. denied, 537 U.S. 990, 123 S.Ct. 470, 154 L.Ed.2d 359 (2002); Hoffman v. State, 571 So. 2d 449 (Fla.1990); Lane v. State, 868 So. 2d 684 (Fla. 5th DCA 2004). If unable to do either of the above, the trial court should hold an evidentiary hearing to resolve the claim. RE…
• Bush v. State, 964 So. 2d 181 (Fla. 4th DCA 2007)
  …iary hearing was held below, this court must accept as true the factual allegations “to the extent they are not refuted by the record.” McLin v. State, 827 So. 2d 948, 954 (Fla.2002) (citing Foster v. State, 810 So. 2d 910, 914 (Fla.), cert. denied, 537 U.S. 990, 123 S.Ct. 470, 154 L.Ed.2d 359 (2002) (citations omitted)). This includes Bush’s assertion that had counsel advised him of a possibly successful motion to suppress, he would not have entered a plea, but would have gone to trial instead. This satisf…