TORTOISE ISLAND COMMUNITIES v. Moorings Ass'n, Inc., 489 So. 2d 22 (Fla. 1986). · Go Syfert
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TORTOISE ISLAND COMMUNITIES v. Moorings Ass'n, Inc., 489 So. 2d 22 (Fla. 1986). Cases Citing This Book View Copy Cite
“it is well established that a court may refuse to address those issues contained in a motion of post-conviction relief that were raised on direct appeal or could have been raised on direct appeal.”
135 citation events (37 in the last 25 years) across 8 distinct courts.
Strongest positive: Rosier v. State (fladistctapp, 1995-05-09)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Rosier v. State
Fla. Dist. Ct. App. · 1995 · quote attribution · 1 verbatim quote · confidence high
it is well established that a court may refuse to address those issues contained in a motion of post-conviction relief that were raised on direct appeal or could have been raised on direct appeal.
discussed Cited as authority (quoted) Palm Beach Polo Holdings v. Equestrian Club
Fla. Dist. Ct. App. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
a way of necessity requires a showing of absolute necessity, rather than mere convenience.
discussed Cited as authority (rule) Walker v. Department of Corrections
S.D. Fla. · 2023 · confidence medium
This is a high bar, and to overcome it, “a movant must allege that the grounds asserted were not known and could not have been known to him at the time of the earlier motion.” Id. (citing Christopher v. State, 489 So. 2d 22, 24 (Fla. 1986)).
discussed Cited as authority (rule) Garcia v. Secretary, Department of Corrections
M.D. Fla. · 2021 · confidence medium
P. 3.850(h)(2) (stating that a second or successive motion is an extraordinary pleading and that a court may dismiss such a motion if the failure of the defendant to raise the claims in an earlier motion was without good cause or was an abuse of procedure); see also Owen v. Crosby, 854 So. 2d 182, 187 (Fla. 2003) (“A second or successive motion for postconviction relief can be denied on the ground that it is an abuse of process if there is no reason for failing to raise the issues in the previous motion. . . . [C]laims that could have been raised in a prior postconviction motion are procedur…
discussed Cited as authority (rule) Borders v. Secretary, Department of Corrections
M.D. Fla. · 2020 · confidence medium
See Owen v. State, 854 So.2d 182, 187 (Fla. 2003) (“A second or successive motion for postconviction relief can be denied on the ground that it is an abuse of process if there is no reason for failing to raise the issues in the previous motion. . . . [C]laims that could have been raised in a prior postconviction motion are procedurally barred.”); Christopher v. State, 489 So.2d 22, 24 (Fla. 1986) (recognizing that Rule 3.850 allows a court to summarily deny a successive postconviction motion that raises new grounds).
discussed Cited as authority (rule) WAYNE GOLDMAN, MARIANNE GOLDMAN & SEAN ACOSTA v. STEPHEN LUSTIG, JOSEPH F. IERACITANO
Fla. Dist. Ct. App. · 2018 · confidence medium
As stated by the Florida Supreme Court in Tortoise Island Communities, Inc. v. Moorings Association, Inc., 489 So. 2d 22 (Fla. 1986), an easement by necessity requires a showing of an “absolute necessity.” Id. at 22 (emphasis added).
discussed Cited as authority (rule) WAYNE GOLDMAN, MARIANNE GOLDMAN & SEAN ACOSTA v. STEPHEN LUSTIG, JOSEPH F. IERACITANO
Fla. Dist. Ct. App. · 2018 · confidence medium
As stated by the Florida Supreme Court in Tortoise Island Communities, Inc. v. Moorings Association, Inc., 489 So. 2d 22 (Fla. 1986), an easement by necessity requires a showing of an “absolute necessity.” Id. at 22 (emphasis added).
cited Cited as authority (rule) Koons v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
See Zeigler v. State, 632 So.2d 48, 51 (Fla.1993); Christopher, 489 So.2d at 24.
cited Cited as authority (rule) Morris v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
Christopher, 489 So.2d at 24 (citations omitted).
cited Cited as authority (rule) Jackman v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
Baker v. State, 878 So.2d 1236, 1243-44 (Fla.2004); Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
discussed Cited as authority (rule) Nelson v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
“A trial court ‘may not summarily dismiss a successive motion for post-conviction relief that raises issues that were either summarily denied or dismissed for legal insufficiency in the initial motion.’” Spera v. State, 971 So.2d 754, 758 (Fla. 2007), quoting Christopher v. State, 489 So.2d 22, 24 (Fla.1986); McCrae v. State, 437 So.2d 1388, 1390 (Fla.1983) (stating that the prohibition against successive motions applies “only when the grounds raised were previously adjudicated on their merits, and not where the previous motion was summarily denied or dismissed for legal insufficienc…
cited Cited as authority (rule) Pinder v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
discussed Cited as authority (rule) Spera v. State
Fla. · 2007 · confidence medium
A trial court "may not summarily dismiss a successive motion for post-conviction relief that raises issues that were either summarily denied or dismissed for legal insufficiency in the initial motion." Christopher v. State, 489 So.2d 22, 24 (Fla.1986); see McCrae v. State, 437 So.2d 1388, 1390 (Fla.1983) (stating that the prohibition against successive motions applies "only when the grounds raised were previously adjudicated on their merits, and not where the previous motion was summarily denied or dismissed for legal insufficiency"); see also Frew v. State, 947 So.2d 1275, 1276 (Fla. 2d DCA 2…
discussed Cited as authority (rule) McKenley v. State (2×)
Fla. Dist. Ct. App. · 2006 · confidence medium
Christopher v. State, 489 So.2d 22, 24-25 (Fla.1986); see also Fla. R.Crim.
cited Cited as authority (rule) Baker v. State
Fla. · 2004 · confidence medium
Christopher v. State, 489 So.2d 22, 24 (Fla.1986) (citations omitted).
cited Cited as authority (rule) Harley v. State
Fla. Dist. Ct. App. · 2003 · confidence medium
Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
cited Cited as authority (rule) Ramirez v. State
Fla. Dist. Ct. App. · 2002 · confidence medium
Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
discussed Cited as authority (rule) MacArthur v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
Christopher v. State, 489 So.2d 22, 24 (Fla.1986)(“It is well established that a court may refuse to address those issues contained in a motion for post-conviction relief that were raised on direct appeal or could have been raised on direct appeal”), cert. denied, 484 U.S. 1077 , 108 S.Ct. 1057 , 98 L.Ed.2d 1019 (1988); Duncan v. State, 728 So.2d 1237 (Fla. 3d DCA 1999); MacArthur v. State, 668 So.2d 692 (Fla. 3d DCA 1996); Anderson v. State, 467 So.2d 781 (Fla. 3d DCA 1985) (holding that trial counsel is not deemed ineffective bécause of strategic decisions made during trial).
cited Cited as authority (rule) Dupont v. Whiteside
Fla. Dist. Ct. App. · 1998 · confidence medium
As stated by the supreme court in Tortoise Island Communities, Inc. v. Moorings Association, Inc., 489 So.2d at 22, such an easement requires a showing of "an absolute necessity." 549 So.2d at 1095 .
cited Cited as authority (rule) Ragan v. State
Fla. Dist. Ct. App. · 1994 · confidence medium
Christopher v. State, 489 So.2d 22, 24 (Fla. 1986).
cited Cited as authority (rule) Tinsley v. State
Fla. Dist. Ct. App. · 1994 · confidence medium
See Foster v. State, 614 So.2d 455, 458 (Fla.1992), cert. denied, — U.S. -, 114 S.Ct. 398 , 126 L.Ed.2d 346 (1993); Christopher v. State, 489 So.2d 22, 24 (Fla. 1986).
cited Cited as authority (rule) Pacheco v. State
Fla. Dist. Ct. App. · 1993 · confidence medium
Bertolotti v. State, 565 So.2d 1343, 1345 (Fla.1990); Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
cited Cited as authority (rule) Foster v. State
Fla. · 1992 · confidence medium
Christopher v. State, 489 So.2d 22, 24 (Fla. 1986).
discussed Cited as authority (rule) James Harmon, Iii, 080164 v. Tom L. Barton, Robert Butterworth
11th Cir. · 1990 · confidence medium
The Supreme Court of Florida has held that this provision, effective January 1, 1985, imposes upon prisoners filing successive motions the affirmative duty of demonstrating why the grounds therein were not contained in the first motion. 5 Christopher v. State, 489 So.2d 22, 24 (Fla.1986); Tanner v. State, 502 So.2d 1008 (Fla.Dist.Ct.App.1987).
discussed Cited as authority (rule) David Ross Delap, Sr. v. Richard L. Dugger, Secretary, Department of Corrections, State of Florida
11th Cir. · 1989 · confidence medium
The Florida courts consistently apply the rule that successive motions for post-conviction relief are denied “unless the movant alleges that the asserted grounds were not known and could not have been *301 known to the movant at the time the initial motion was filed.” Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
discussed Cited as authority (rule) State v. West
Utah · 1988 · confidence medium
See State v. Robbins, 709 P.2d 771, 773 (Utah 1985). [4] See, e.g., Andrews v. Morris, 677 P.2d 81, 86 (Utah 1983); Codianna v. Morris, 660 P.2d 1101, 1104-05 (Utah 1983); Andrews v. Morris, 607 P.2d 816, 820 (Utah), cert. denied, 449 U.S. 891 , 101 S.Ct. 254 , 66 L.Ed.2d 120 (1980); State v. Boggess, 601 P.2d 927, 929 (Utah 1979) (citing Brown v. Turner, 21 Utah 2d 96 , 440 P.2d 968 (1968); Bryant v. Turner, 19 Utah 2d 284 , 431 P.2d 121 (1967)); Burleigh v. Turner, 15 Utah 2d 118, 120 , 388 P.2d 412, 414 (1964); see also Murch v. Mottram, 409 U.S. 41, 45-46 , 93 S.Ct. 71 , 34 L.Ed.2d 194 (pe…
cited Cited as authority (rule) Lewis v. State
Fla. Dist. Ct. App. · 1988 · confidence medium
Christopher v. State, 489 So. 2d 22, 24 (Fla.1986); Sired v. State, 469 So.2d 119, 119-20 (Fla.1985), cert, denied, — U.S. -, 106 S.Ct. 3308 , 92 L.Ed.2d 721 (1986).
discussed Cited "see" Derrick Barrett v. the State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Card v. Dugger, 512 So. 2d 829, 830 (Fla. 1987) (“Where an initial motion for post-conviction relief raises the claim of ineffective assistance of counsel, the trial court may summarily deny a successive motion which raises additional grounds for ineffective assistance of counsel.”) (citing Christopher v. State, 489 So. 2d 22, 24 (Fla. 1986)); Mathis v. State, 419 So. 2d 774, 775 (Fla. 1st DCA 1982) (“Mathis raised the issue of ineffective assistance of counsel in a previous 3.850 motion which he failed to timely appeal, resulting in its dismissal.
cited Cited "see" Cobb v. State
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Christopher v. State , 489 So.2d 22 (Fla. 1986).
cited Cited "see" Hyacinthe v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22, 24 (Fla.1986) (discussing the abuse of process doctrine and the adoption of rule 3.850(f)).
cited Cited "see" Johnson v. State
Fla. · 2005 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
cited Cited "see" Johnson v. State
Fla. · 2005 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
discussed Cited "see" One Harbor Financial Ltd. v. Hynes Prop.
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Tortoise Island Communities, Inc. v. Moorings Ass'n, Inc., 489 So.2d 22 (Fla.1986) (adopting Judge Cowart's dissent in Moorings Ass'n, Inc. v. Tortoise Island Communities, Inc., 460 So.2d 961 (Fla. 5th DCA 1984)).
cited Cited "see" Wright v. State
Fla. · 2003 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
cited Cited "see" Martin v. Kavanagh
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Tortoise Island Communities, Inc. v. The Moorings Association, Inc., 489 So.2d 22 (Fla.1986); Dupont v. Whiteside, 721 So.2d 1259 (Fla. 5th DCA 1998).
cited Cited "see" Hoffman v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22 (Fla.1986); Hoffman v. State, 736 So.2d 1196 (Fla. 3d DCA 1999).
discussed Cited "see" Javers v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
We affirm the trial court’s denial of the appellant’s motion for post-conviction relief made pursuant to rule 3.850, Florida Rules of Criminal Procedure as the issues raised in this motion are successive; see Christopher v. State, 489 So.2d 22, 24 (Fla.1986); Francois v. Wainwright, 470 So.2d 685, 686 (Fla.1985); Songer v. State, 463 So.2d 229, 231 (Fla.1985); and they should have or could have been raised by the appellant on direct appeal; see Johnston v. Dugger, 583 So.2d 657, 660 (Fla.1991); Kennedy v. State, 547 So.2d 912, 913 (Fla.1989).
cited Cited "see" Duncan v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22 (Fla. 1986); Francois v. State, 470 So.2d 687 (Fla. 1985).
discussed Cited "see" Keene v. Jackson (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Hunter at 1097 , citing Tortoise Island Communities, Inc. v. Moorings Association, Inc., 489 So.2d 22 (Fla.1986).
cited Cited "see" Mordkoff v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22 (Fla.1986); Williams v. State, 557 So.2d 182 (Fla. 3d DCA 1990).
cited Cited "see" Phillips v. Singletary
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22 (Fla. 1986); Francois v. State, 470 So.2d 687 (Fla. 1985).
cited Cited "see" Ali v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22 (Fla. 1986); Francois v. State, 470 So.2d 687 (Fla. 1985).
cited Cited "see" Thomason v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22 (Fla.1986).
discussed Cited "see" 90 S.W. 8th Street Enterprises, Inc. v. JDC (America) Corp.
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Tortoise Island Communities, Inc. v. Moorings Ass’n, Inc., 489 So.2d 22 (Fla.1986), adopting 460 So.2d 961 (Fla. 5th DCA 1984)(Cowart, J., dissenting); Metropolitan Dade County v. Fontainebleau Gas & Wash, Inc., 570 So.2d 1006 (Fla. 3d DCA 1990); Archer v. Levy, 543 So.2d 863 (Fla. 3d DCA 1989).
cited Cited "see" Porter v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Ragan v. State, 643 So.2d 1175, 1176 (Fla. 3d DCA 1994), citing Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
cited Cited "see" Marciano-Yishai v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22 (Fla.1986); Birge v. State, 620 So.2d 234 (Fla. 1st DCA 1993).
cited Cited "see" Wells v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22 (Fla.1986).
cited Cited "see" Hickman v. State
Fla. Dist. Ct. App. · 1991 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22 (Fla. 1986).
cited Cited "see" Love v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
Adams v. State, 484 So.2d 1216 (Fla.1986); see Christopher v. State, 489 So.2d 22 (Fla.1956); Rule 3.850 Florida Rules of Criminal Procedure.
cited Cited "see" Woods v. State
Fla. · 1988 · signal: see · confidence high
See Christopher v. State, 489 So.2d 22 (Fla. 1986). 2.
Retrieving the full opinion text from the archive…
TORTOISE ISLAND COMMUNITIES, INC. and Tortoise Island Group, Ltd., Petitioners,
v.
The MOORINGS ASSOCIATION, INC., Individually and the Moorings Association, Inc., a Class Representation, Respondents.
66385.
Supreme Court of Florida.
Jun 5, 1986.
489 So. 2d 22
Per Curiam.
Cited by 16 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: District Court of Appeal of Fl… (1)

Kerry I. Evander of Reinman, Harrell, Silberhorn, Moule & Graham, P.A., Melbourne, for petitioners.

J. Daniel Ennis of Holcomb, Ennis, Theriac, Brinson, Amari & Roberts, Cocoa, for respondents.

PER CURIAM.

We review Moorings Association v. Tortoise Island Communities, Inc., 460 So.2d 961 (Fla. 5th DCA 1984), because of direct and express conflict with Canell v. Arcola Housing Corp., 65 So.2d 849 (Fla. 1953). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The facts of the case are set forth in the decision below and do not need to be repeated here. The issue of law is whether an easement by implication from a preexisting use requires an absolute necessity or only a reasonable necessity such as will contribute to the convenient enjoyment of property. The court below held that a reasonable necessity was sufficient. In a well reasoned dissent, Judge Cowart maintained that such easement required an absolute necessity. We agree with Judge Cowart's reasoning and adopt it as our own.

The decision below is quashed and the case remanded for proceedings consistent with this opinion.

It is so ordered.

ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.

BOYD, C.J., dissents with an opinion.

BOYD, Chief Justice, dissenting.

I dissent because I believe the district court of appeal was correct. The district court held that the allegations of the complaint, if proven to be true, would establish the respondents' entitlement to judicial relief under legal precedents recognizing the creation of easements by implied grant. I would approve the decision of the district court of appeal.