LORRAINE VASSALLO, ETC., ET AL., APPELLANTS,
v.
FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, APPELLEE
PER CURIAM.
The final judgment under review is affirmed upon a holding that the trial court properly directed a verdict for the defendant Florida Power and Light Company and excluded certain evidence at trial because: (a) the plaintiff Lorraine Vassallo and the plaintiff’s decedent Nicholas Vassallo were as a matter of law trespassers or at least uninvited licensees at the time of the subject accident, and (b) the defendant Florida Power and Light Company as landowner did not, as a matter of law, breach its duty to the said plaintiff and plaintiff’s decedent as trespassers or uninvited licensees in this cause. Wood v. Camp, 284 So. 2d 691 (Fla. 1973); Hix v. Billen, 284 So. 2d 209, 210 (Fla.1973); Bovino v. Metropolitan Dade County, 378 So. 2d 50 (Fla.3d DCA 1979); Libby v. West Coast Rock Co., 308 So. 2d 602 (Fla.2d DCA 1975); cert. den. 325 So. 2d 6 (Fla.1975).
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Kirk v. State, 400 So. 2d 540 (Fla. 3d DCA 1981)…ilure to sentence the appellant under the Youth Offender Act — although the affirmance here is without prejudice to the appellant to seek post-conviction relief in the trial court under Fla.R. Crim.P. 3.850 on this issue. See e. g., Cannon v. State, 384 So. 2d 970 (Fla. 3d DCA 1980).…
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Brantley v. State, 408 So. 2d 813 (Fla. 3d DCA 1982)…Since the record presented on appeal does not contain sufficient information to enable us to determine whether the defendant was entitled to be sentenced as a youthful offender under Section 958.05, Florida Statutes (1979), compare Cannon v. State, 384 So. 2d 970 (Fla. 3d DCA 1980), with Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981), we affirm the sentence imposed without prejudice to the defendant applying to the trial court for sentencing relief under Florida Rule of Criminal Procedure 3.850. Affi…
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Smith v. State, 405 So. 2d 762 (Fla. 3d DCA 1981)…93 So. 2d 557 (Fla. 4th DCA 1980). The appellant did not challenge the legality of sentence in the trial court. He cannot do so on appeal, because the sentence is facially valid. Clinton v. State, 389 So. 2d 1082 (Fla. 3d DCA 1981); Cannon v. State, 384 So. 2d 970, 971 (Fla. 3d DCA 1980); Compare Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981). The sentence was within the parameters of Alvarez v. State, supra, and Section 947.16, Florida Statutes (1978) does not affect its validity. Affirmed. . Alvarez…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wood v. Camp, 284 So. 2d 691 (Fla. 1973)
- HIX v. Billen, 284 So. 2d 209 (Fla. 1973)
- Libby v. W. Coast Rock Co., Inc., 308 So. 2d 602 (Fla. 2d DCA 1975)
- Nat'l Pulpwood Corp. & Certified Pulpwood Dealers Ass'n Self-Insurers' Fund v. Leaks, 325 So. 2d 6 (Fla. 1975)
- Bovino v. Metro. Dade Cnty., 378 So. 2d 50 (Fla. 3d DCA 1979)