JIM DAVID HARDISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JIM DAVID HARDISON, APPELLANT,
STATE OF FLORIDA, APPELLEE
403 So. 2d 1139
Florida District Court of Appeal, Second District (1981)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
Affirmed. Although appellant has not raised this point, the sentence imposed herein may be illegal under the doctrine of Villery v. State, 396 So. 2d 1107 (Fla.1980). Accordingly, this affirmance is without prejudice to appellant seeking resentencing by raising the Villery issue in a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.
SCHEB, C. J., and HOBSON and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Trianon Park Condo. Ass'n, Inc. v. City OF Hialeah, 468 So. 2d 912 (Fla. 1985)…ernmental entity’s decision not to build or modernize a particular improvement is a discretionary judgmental function with which we have held the courts cannot interfere. See Neilson (decision to upgrade roadway). See also Rumbough v. City of Tampa, 403 So. 2d 1139 (Fla. 2d DCA 1981) (operation of sanitary landfill); Romine v. Metropolitan Dade County, 401 So. 2d 882 (Fla. 3d DCA 1981), review denied, 412 So. 2d 469 (Fla.1982) (traffic control decisions). On the other [*921] hand, once a governmental entity bu…
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Trianon Park Condo. Ass'n, Inc. v. City OF Hialeah, 423 So. 2d 911 (Fla. 3d DCA 1982)…nst the City, in which case the City would have been liable up to the “per incident” level of judgment for the total aggregate of the claims. See generally Tenney v. City of Miami Beach, 152 Fla. 126, 11 So. 2d 188 (1942); Rumbough v. City of Tampa, 403 So. 2d 1139 (Fla. 2d DCA 1981) (city’s payment of $100,000 to surrounding residents in settlement of claims and lawsuits for damages caused by city’s operation of a sanitary landfill, constituting a single act or occurrence under section 768.28(5), extinguished…
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Fla. Fish & Wildlife Conservation Comm'n v. Daws, 256 So. 3d 907 (Fla. 1st DCA 2018)…s and circumstances involved. Id. at 918-19. The test is intended to assist in distinguishing between discretionary planning "or judgment phase" and the operational phase of government. Id. at 919. The Second District in Rumbough v. City of Tampa , 403 So. 2d 1139, 1142 (Fla. 2d DCA 1981), explained that section 768.28 waives sovereign immunity in nuisance actions. It went on to conclude, however, that the appellants could not recover against the City of Tampa for its decision to expand a landfill because the…
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- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)