Geico Gen. Ins. Co. v. Florida Emergency Physicians, 972 So. 2d 1013 (Fla. 2d DCA 2008). · Go Syfert
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Geico Gen. Ins. Co. v. Florida Emergency Physicians, 972 So. 2d 1013 (Fla. 2d DCA 2008). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 3 distinct courts.
Strongest positive: Pagan v. State (fladistctapp, 2012-11-14)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Pagan v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
We have held that “a defendant can waive his right to collaterally attack his judgment and sentence when the waiver is expressly stated in the plea agreement and he knowingly and voluntarily agrees to the waiver.” Stahl v. State, 972 So.2d 1013, 1015 (Fla. 2d DCA 2008) (citing Williams v. United States, 396 F.3d 1340, 1342 (11th Cir.2005)).
discussed Cited as authority (rule) Contreras-Garcia v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
But the postconviction court improperly concluded that he waived his right to raise all the claims that he raised. “[A] defendant can waive his right to collaterally attack his judgment and sentence when the waiver is expressly stated in the plea agreement and he knowingly and voluntarily agrees to the waiver.” Stahl v. State, 972 So.2d 1013, 1015 (Fla. 2d DCA 2008) (citing Williams v. United States, 396 F.3d 1340, 1342 (11th Cir.2005)).
discussed Cited as authority (rule) Cooper v. State
Mo. · 2011 · confidence medium
It has been settled law in this state and many other states that “[a] movant can waive his right to seek post-conviction relief in return for a reduced sentence if the record clearly demonstrates that the movant was properly informed of his rights and that the waiver was made knowingly, voluntarily, and intelligently.” Jackson v. State, 241 S.W.3d 831, 833 (Mo.App.2007); see, e.g., Allen v. Thomas, 265 Ga. 518 , 458 S.E.2d 107, 108 (1995); Stahl v. State, 972 So.2d 1013, 1015 (Fla.Dist.Ct.
discussed Cited as authority (rule) Spoone v. State
S.C. · 2008 · confidence medium
See, e.g., People v. Vargas, 13 Cal.App.4th 1653 , 17 Cal.Rptr.2d 445, 449 (1993) (“an express waiver of the right of appeal made pursuant to a negotiated plea agreement is valid provided defendant’s waiver is knowing, intelligent and voluntary”); Stahl v. State, 972 So.2d 1013, 1015 (Fla.Dist.Ct.App.2008) (a defendant can waive his right to collateral attack when the waiver is expressly stated in the plea agreement and it is knowingly and voluntarily made); Allen v. Thomas, 265 Ga. 518 , 458 S.E.2d 107, 108 (1995) (“a waiver of a right to appeal or to seek post-conviction relief must …
discussed Cited "see, e.g." Tennis v. State
Fla. Dist. Ct. App. · 2013 · signal: see also · confidence medium
“No Florida rule of criminal procedure directly controls a post-conviction sentencing bargain.” Leach v. State, 914 So.2d 519, 522 (Fla. 4th DCA 2005); see also Stahl v. State, 972 So.2d 1013, 1015 (Fla. 2d DCA 2008).
discussed Cited "see, e.g." Vargas v. State
Fla. Dist. Ct. App. · 2011 · signal: see also · confidence low
See also Stahl v. State, 972 So.2d 1013 (Fla. 2d DCA 2008) (holding a defendant can waive his right to collaterally attack his judgment and sentence when the waiver is expressly stated in the plea agreement and he knowingly and voluntarily agrees to the waiver).
Retrieving the full opinion text from the archive…
GEICO GENERAL INSURANCE COMPANY, Petitioner,
v.
FLORIDA EMERGENCY PHYSICIANS, et al., Respondent.
5D07-716.
District Court of Appeal of Florida, Second District.
Jan 4, 2008.
972 So. 2d 1013
Per Curiam.
Cited by 1 opinion  |  Published

Karissa L. Owens and Jennings L. Hurt, III, of Rissman, Barrett, Hurt, Hurt, Donahue & McLain, P.A., Orlando, for Petitioner.

Kevin B. Weiss of Weiss Legal Group, P.A., Maitland, for Respondent.

PER CURIAM.

The circuit court's conclusion that Florida Emergency Physicians "is entitled to the PIP[1] log" constitutes a departure from the essential requirements of the law. GEICO Gen. Ins. Co. v. Fla. Emergency. Physicians, No. 5D07-626, 972 So.2d 966, 2007 WL 4458173 (Fla. 5th DCA Dec. 21, 2007). Accordingly, we grant the petition and quash the lower court's order. See S. Group Indem., Inc. v. Humanitary Health Care, Inc., 32 Fla. L. Weekly D1396, ___ So.2d ___, 2007 WL 1542019 (Fla. 3d DCA May 30, 2007) ("Section 627.736 does not provide for nor address the insured's right to access documents prepared internally by the insurer. As the insurer's PIP payout log is a document generated by the insurer and is not a document the insurer obtained pursuant to section 627.736(6), we conclude that the circuit court, acting in its appellate capacity, applied the incorrect law by finding that (1) section 627.736(6)(d), Florida Statutes (2003) requires an insurer to provide its PIP payout log to an insured or the insured's assignee, presuit . .").

PETITION GRANTED; ORDER QUASHED.

SAWAYA, MONACO and TORPY, JJ., concur.

1 "PIP" is an acronym commonly used to refer to personal injury protection automobile insurance coverage.