Simonv.State

Third District Court of Appeal State of FloridaJul 10, 2019
No. 3D19-322 (Fla. Dist. Ct. App. Jul. 10, 2019)

No. 3D19-322

07-10-2019

Clandyve Simon, Appellant, v. The State of Florida, Appellee.

Clandyve Simon, in proper person. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.


Not final until disposition of timely filed motion for rehearing. Lower Tribunal Nos. 14-20386 & 12-28314 An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Cristina Miranda, Judge. Clandyve Simon, in proper person. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee. Before SALTER, MILLER, and GORDO, JJ. PER CURIAM.

Affirmed. See Simon v. State, 228 So. 3d 567 (Fla. 3d DCA 2017); see also Bueno v. Bueno de Khawly, 677 So. 2d 3, 4 (Fla. 3d DCA 1996) (The "doctrine [of law of the case states] that those points of law adjudicated in a prior appeal are binding in order to promote stability of judicial decisions and to avoid piecemeal litigation.") (citation omitted); Mitzenmacher v. Mitzenmacher, 656 So. 2d 178, 179 (Fla. 3d DCA 1995) ("A per curiam decision of the appellate court is the law of the case between the same parties on the same issues and facts, and determines all issues necessarily involved in the appeal, whether mentioned in the court's opinion or not.") (citations omitted); Fla. R. Crim. Pro. 3.850(h)(2) ("[A] court may dismiss a second or successive motion if the court finds that it fails to allege new or different grounds for relief and the prior determination was on the merits.").