time prescribed rule in Florida

2015On November 26, 2013, the trial court dismissed appellant’s first 3.850 motion as facially insufficient pursuant to the procedure first set forth in Spera v. State, 971 So.2d 754 (Fla.2007), and recently codified in Florida Rule of Criminal Procedure 3.850(f)(2).

1997As the court put it: "Rather than file a demand, petitioners in this case ... caused a delay, waited until the time prescribed in the rule expired, and moved for a discharge." 253 So.2d at 863 .

1996Shortly after rendition of the trial court’s order, this court receded from Austin in Platt v. Florida Department of Health & Rehabilitative Services, 659 So.2d 1251 (Fla. 1st DCA 1995), and held that Rule 1.070(i) is not implicated in actions against a state agency pursuant to section 768.28, Florida Statutes, by failure to serve the Department of Insurance within the time prescribed by that rule.

1995In summary, we recede from Austin v. Gaylord, 603 So.2d 66 (Fla. 1st DCA 1992); adopt the reasoning employed, and the result reached, in Turner v. Gallagher, 640 So.2d 120 (Fla. 5th DCA 1994); and hold that Florida Rule of Civil Procedure 1.070(i) is not implicated in actions against the state or its agencies or subdivisions pursuant to section 768.28, Florida Statutes, by failure to serve the Department of Insurance within the time prescribed by that rule.

1995In summary, we recede from Austin v. Gaylord, 603 So.2d 66 (Fla. 1st DCA 1992); adopt the reasoning employed, and the result reached, in Turner v. Gallagher, 640 So.2d 120 (Fla. 5th DCA 1994); and hold that Florida Rule of Civil Procedure 1.070(i) is not implicated in actions against the state or its agencies or subdivisions pursuant to section 768.28, Florida Statutes, by failure to serve the Department of Insurance within the time prescribed by that rule.

1989As stated in Thomas, 498 So.2d 668 , any necessary reconstruction of a missing transcript must be undertaken within the time prescribed in the rule so that the clerk of the lower court can include the reconstructed transcript in the record on appeal.

1972NOTES [1] 92 Fla. 414 , 109 So. 580 (1926). [2] In re Estate of Stewart, 242 So.2d 781, 784 (Fla.App.4th 1971): "As long as Shea makes a valid designation the interest can and must vest within the time prescribed by the rule.

1972NOTES [1] 92 Fla. 414 , 109 So. 580 (1926). [2] In re Estate of Stewart, 242 So.2d 781, 784 (Fla.App.4th 1971): "As long as Shea makes a valid designation the interest can and must vest within the time prescribed by the rule.

1970(Van Roy v. Hoover, 1928, 96 Fla. 194 , 117 So. 887 .) The order appealed correctly states the following: “One of the essential elements of the Rule against Perpetuities is that at the time the future interest is created it must appear that the condition precedent to vesting must necessarily happen, if it happens at all, within the period described by the rule.” As long as Shea makes a valid designation the interest can and must vest within the time prescribed by the rule.

1970(Van Roy v. Hoover, 1928, 96 Fla. 194 , 117 So. 887 .) The order appealed correctly states the following: “One of the essential elements of the Rule against Perpetuities is that at the time the future interest is created it must appear that the condition precedent to vesting must necessarily happen, if it happens at all, within the period described by the rule.” As long as Shea makes a valid designation the interest can and must vest within the time prescribed by the rule.

1969Unless a proper motion or petition is filed within the allotted time the order becomes absolute and except as provided by the rules * * * the trial court has no authority to alter, modify, or vacate the substance of the order." Similarly, in Mid-State Homes, Inc. v. Ritchie, Fla.App., 181 So.2d 725 (1966) we held that, where a motion to set aside a decree was filed too late under the rules, the court lost jurisdiction to act upon the motion.

1969The Supreme Court of Florida pointed out in Kippy Corporation v. Colburn, 177 So.2d 193 (1965), that "* * * motions and petitions for correction of error by the trial court must be made within the time prescribed by rule or statute * * *.