WILLIAM D. LEISER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1981-04-30
No. WW-170
McCORD, ROBERT P. SMITH, Jr. and ERVIN, JJ., concur.
398 So. 2d 889 Florida District Court of Appeal, First District (1981) Caution
Cited by 26 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order denying appellant’s motion for post-conviction relief filed pursuant to Fla. R.Crim.P. 3.850 is affirmed. However, the case is remanded for correction of the judgment and sentence to reflect the specific crime for which appellant was convicted. Williams v. State, 360 So. 2d 61 (Fla.2d DCA 1978); Griffen v. State, 384 So. 2d 324 (Fla.2d DCA 1980). Appellant need not be present for this purpose.

McCORD, ROBERT P. SMITH, Jr. and ERVIN, JJ., concur.


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  • Seaboard Coastline R.R. Co. v. Addison, 502 So. 2d 1241 (Fla. 1987)
    …EHRLICH, Justice. We have for our review Seaboard Coastline Railroad Company v. Addison 481 So. 2d 3 (Fla. 1st DCA 1985), which conflicts with City of Tamarac v. Garchar, 398 So. 2d 889 (Fla. 4th DCA 1981), and Menard v. O’Malley, 327 So. 2d 905 (Fla. 3d DCA 1976). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.1 The respondent, Addison, received permanent injuries in 1983 when petitioner Seaboard’s train struck the pickup tr…
  • Irving v. Doctors Hosp. OF Lake Worth, Inc., 415 So. 2d 55 (Fla. 4th DCA 1982)
    …any of those charges were proper under the law and evidence, then a reversal is mandated. It is almost trite to restate the rule that each party is entitled to have the jury properly instructed on his theory of the case. City of Tamarac v. Garcher, 398 So. 2d 889 (Fla. 4th DCA 1981). Of the three instructions that Irving requested 2 at least the first two should have been given. The first instruction, designated in footnote 2 as [a], is an admixture of the agency doctrine of apparent authority and the doct…
  • Ridley v. Safety Kleen Corp., 693 So. 2d 934 (Fla. 1996)
    …lation on the issue of negligence. See, e.g., Seaboard Coastline R.R. v. Addison, 502 So. 2d 1241 (Fla.1987); Robinson v. Gerard, 611 So. 2d 605 (Fla. 1st DCA 1993); Sotuyo v. Williams, 587 So. 2d 612 (Fla. 1st DCA 1991); City of Tamarac v. Garchar, 398 So. 2d 889 (Fla. 4th DCA 1981); Menard v. O’Malley, 327 So. 2d 905 (Fla. 3d DCA 1976). In Addison, this Court explained: At issue here is respondent’s alleged violation of a statute, section 316.1575(l)(c), part of the Florida Uniform Traffic Control Law. Sta…

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