MICHAEL RAY GASSAWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL RAY GASSAWAY, APPELLANT,
STATE OF FLORIDA, APPELLEE
400 So. 2d 1324
Florida District Court of Appeal, Second District (1981)
Positive Treatment
Cited by 23 cases
Opinion of the Court
PER CURIAM.
Appellant’s conviction is affirmed but his sentence for attempted first degree murder is vacated and remanded for resentencing as attempts to commit a capital felony are sentenced as first degree felonies, which always carry a maximum sentence of thirty years absent a statutory provision authorizing life. See King v. State, 390 So. 2d 315 (Fla.1980). Appellant need not be present at resentencing.
GRIMES, A.C.J., and OTT and DAN-AHY, JJ., concur.
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Hans Ulrich Bothmann v. Harrington, 458 So. 2d 1163 (Fla. 3d DCA 1984)…essary falsehood because it falsely indicated that his condominium unit was involved in a lawsuit. Generally, a wrongful and intentional filing of a notice of lis pendens will support an action for disparagement of property. See Atkinson v. Fundaro, 400 So. 2d 1324 (Fla. 4th DCA 1981). We find, however, that a distinction must be drawn between an improper filing in a procedural sense, and a wrongful filing in a substantive sense. Only the latter will support an action for disparagement of property because only…
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Kent v. Kent, 431 So. 2d 279 (Fla. 5th DCA 1983)…orp. v. Lurie, 411 So. 2d 339 (Fla. 5th DCA 1982). . See e.g. Florida Peach Corp. v. Lurie, 411 So. 2d 339 (Fla. 5th DCA 1982); Levine v. Arvida Corp., 405 So. 2d 1370 (Fla. 4th DCA 1981), pet. dism’d 413 So. 2d 876 (Fla.1982); Atkinson v. Fundaro, 400 So. 2d 1324 (Fla. 4th DCA 1981); Cacaro v. Swan, 394 So. 2d 538 (Fla. 4th DCA 1981) pet. dism’d 402 So. 2d 608 (Fla.1981); Sunrise Point, Inc. v. Foss, 373 So. 2d 438 (Fla. 3d DCA 1979), cert. den. 374 So. 2d 99 (Fla.1979); CAM Corp. of Broward v. Goldberger, 3…
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Miceli v. Gilmac Developers, Inc., 467 So. 2d 404 (Fla. 2d DCA 1985)…title for filing a notice of lis pendens as to the entire Phase II property. On this point we agree and reverse. An intentional, wrongful filing of a notice of lis pendens will support an [*406] action for slander of title. See Atkinson v. Fundaro, 400 So. 2d 1324 (Fla. 4th DCA 1981). Slander of title arises upon the malicious publication of a falsehood concerning title which impairs the vendibility of the property. Old Plantation Corp. v. Maule Industries, Inc., 68 So. 2d 180 (Fla.1953); see Continental Deve…
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- Amos Lee King v. State, 390 So. 2d 315 (Fla. 1980)