LARRY GRANT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant’s probation was revoked after an affidavit was filed alleging breach of three conditions of his probation. At the outset of the hearing, two of the alleged breaches were dismissed. At the conclusion of the hearing, the trial court determined that the appellant had violated his probation and revoked same, finding him in violation as to each of the allegations contained in the affidavit of violation. This was error, and the matter is returned to the trial court solely for the purpose of correcting the revocation order. See: Robinson v. State, 366 So. 2d 1239 (Fla. 2d DCA 1979).
Reversed and remanded, with directions.
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Reicheinbach v. Se. Bank, N.A., 462 So. 2d 611 (Fla. 3d DCA 1985)…om a default is sought be served with notice of the application. In the case under consideration, the letter2 confirming the bank’s agreement to an extension of time constituted a paper served within the meaning of rule 1.500(b). Zettler v. Ehrlich, 384 So. 2d 928 (Fla. 3d DCA 1980) (Schwartz, J., specially concurring). See also, Roland v. W.L. Motor Lines, Inc., 32 N.C.App. 288, 231 S.E. 2d 685 (1977). Any paper served prior to the entry of a default3 requires the furnishing of notice. We reject appellee’s…
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EGF Tampa Assocs. v. Bohlen, 532 So. 2d 1318 (Fla. 2d DCA 1988)…h requisite notice, Florida courts have generally granted motions to set aside the defaults. Id. See also Turner v. Allen, 389 So. 2d 686 (Fla. 5th DCA 1980). Appellees, in support of an affirmance, have brought to our attention Zettler v. Ehrlich, 384 So. 2d 928 (Fla. 3d DCA 1980), where the third district refused to permit a letter from an out-of-state attorney, not admitted to practice law in Florida, to function as an authorized pleading or paper under Florida Rule of Civil Procedure 1.030(a). However, t…
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McDONALD v. State, 409 So. 2d 224 (Fla. 1st DCA 1982)…remand for correction of the harmless clerical error finding that appellant violated Condition No. 8 of his probation because the alleged violation of Condition No. 8 was dismissed by the trial court at the evidentiary hearing below. Grant v. State, 384 So. 2d 928 (Fla. 3d DCA 1980); Landry v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980). Violation of the other two probation conditions was a sufficient basis for revocation of appellant’s probation and no abuse of the trial court’s discretion was shown. Accord…
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- Robinson v. State, 366 So. 2d 1239 (Fla. 2d DCA 1979)