copy requirement in Florida

1995Although Gunter v. Sauer, Inc., 629 So.2d 1086 (Fla. 1st DCA 1994), establishes that the 21-day period commences upon actual notice of a filed claim, prior notice cannot become effective under the statute until the date of filing.

1994As this court recently ruled in Gunter v. Sauer, Inc., 629 So.2d 1086 (Fla. 1st DCA 1994) the 21 days begins to run from actual notice of a claim, not receipt of the acknowledged claim.

2018Id. at 386 .

2018Id. at 386 .

2014Applying the rule of lenity to this pro se litigant, see Esquivel v. McDonough, 946 So.2d 104 , 105 n. 1 (Fla. 1st DCA 2007), appellant sufficiently challenged the copy requirement below and on appeal.

2003See, e.g., Mitchell v. Moore, 786 So.2d 521 (Fla.2001) (instructing district court to reinstate appeal it had dismissed when inmate appellant failed to comply with the copy requirement of the Prisoner Indigency Statute); [1] Quigley v. Butterworth, 708 *363 So.2d 270 (Fla.1998) (instructing district court that had dismissed appeal due to trial court's denial of indigency to consider action in the district court as an appeal of the trial court's denial of indigency); McFadden v. Fourth District Court of Appeal, 682 So.2d 1068 (Fla.1996) (instructing district court to reinstate appeal it had dis

2003See, e.g., Department of Revenue v. Kuhnlein, 646 So.2d 717 (Fla.1994), ce rt. denied, 515 U.S. 1158 , 115 S.Ct. 2608 , 132 L.Ed.2d 853 (1995) ($295.00 impact fee on cars purchased or titled in other states that were then registered in Florida was unconstitutional; full refund to all who had paid this illegal tax was the only clear and certain remedy); Moultrie v. Florida Department of Corrections, 496 So.2d 191 (Fla. 1st DCA 1986) (inmate had standing to challenge prison rule which provided authority for assessing damages against him for destruction of state property; if inmate prevails on hi

2002Under the standard announced by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), [a] claim of ineffective assistance of counsel, to be considered meritorious, must include two general components. *1128 First, the claimant must identify particular acts or omissions of the lawyer that are shown to be outside the broad range of reasonably competent performance under prevailing professional standards.

2002Under the standard announced by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), [a] claim of ineffective assistance of counsel, to be considered meritorious, must include two general components. *1128 First, the claimant must identify particular acts or omissions of the lawyer that are shown to be outside the broad range of reasonably competent performance under prevailing professional standards.

2000A copy of the signed order was sent to the State, and the State sent a copy to defense counsel. *386 In this appeal, Patton raises twenty issues. [3] The nine issues which were or should have been raised on direct appeal and are therefore procedurally barred will not be addressed. [4] See Eutzy v. State, 536 So.2d 1014 (Fla.1988); Woods v. State, 490 So.2d 24 (Fla.1986).

2000A copy of the signed order was sent to the State, and the State sent a copy to defense counsel. *386 In this appeal, Patton raises twenty issues. [3] The nine issues which were or should have been raised on direct appeal and are therefore procedurally barred will not be addressed. [4] See Eutzy v. State, 536 So.2d 1014 (Fla.1988); Woods v. State, 490 So.2d 24 (Fla.1986).

1987This is bulwarked by Palm Springs General Hospital Inc., of Hialeah v. State Farm Mutual Automobile Insurance Co., 218 So.2d 793, 797-798 (Fla. 3d DCA 1969), affd., 232 So.2d 737 (Fla. 1970): The logical interpretation of the legislative intent as to Ch. 27032 is to assure a hospital of its rights to proceeds which are held by an insurance company whose insured is liable for the injuries suffered by the hospital's patient.

1987In Barnett Bank of Palm Beach County v. Estate of Read, 493 So.2d 447 (Fla. 1986), the supreme court held that section 733.702 is a statute of limitations.

1981Sessoms v. Johnson, 378 So.2d 1260 (Fla. 5th DCA 1979).

1964Petitioner would show that the claim of claimant is barred in that claimant instituted a law suit against the decedent and your Petitioner as his Guardian on the 30th day of August, 1956, in the Twelfth Judicial Circuit Court for Florida, under Suit #1027, for the same subject matter, which resulted in a Final Judgment on the 2nd day of January, 1958, and which was satisfied, and accordingly said claim is res judicata." [7] In re Goldman's Estate (Fla. 1955), 79 So.2d 846 , 848. [8] Ellard v. Godwin (Fla. 1955), 77 So.2d 617, 619 .

1964Petitioner would show that the claim of claimant is barred in that claimant instituted a law suit against the decedent and your Petitioner as his Guardian on the 30th day of August, 1956, in the Twelfth Judicial Circuit Court for Florida, under Suit #1027, for the same subject matter, which resulted in a Final Judgment on the 2nd day of January, 1958, and which was satisfied, and accordingly said claim is res judicata." [7] In re Goldman's Estate (Fla. 1955), 79 So.2d 846 , 848. [8] Ellard v. Godwin (Fla. 1955), 77 So.2d 617, 619 .

1936It is well settled in this jurisdiction that “The presentation ■of pleas to the merits or in bar, with a plea of the privilege to be sued in the county where the defendant, a natural person, resides, or with other pleas in abatement has not been regarded as an implied waiver of the right or privilege.” Gibbs v. Davis, 27 Fla. 531 , 8 Sou. 633 ; Hanover Fire Ins.

1869The chancellor, before awarding the injunction in this case, might and should have required an exhibit of a copy of the claim filed by the creditor in the County Court, as well as a copy of the proceedings in that court, ( 12 Md., 315 ;) but an injunction having been granted, a failure in this respect is no ground to dissolve it.