JIMMIE EARL ROGERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JIMMIE EARL ROGERS, APPELLANT,
STATE OF FLORIDA, APPELLEE
405 So. 2d 241
Florida District Court of Appeal, Fourth District (1981)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant has raised two points in his brief which we conclude do not demonstrate reversible error. At oral argument appellant contended additionally that the sentence imposed violates the rule laid down in Villery v. Florida Parole & Probation Com’n, 396 So. 2d 1107 (Fla.1981), and appellant urges that the case be remanded for a new sentencing under the Villery guidelines.
Accordingly, we affirm the judgment appealed from in all respects, but we reverse the sentence and remand the cause with directions to vacate the present sentence and resentence appellant in accordance with the guidelines set forth in the Villery decision.
DOWNEY, GLICKSTEIN and HURLEY, jj.; concur,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kleinschmidt v. Gator Off. Supply & Furniture, Inc., 551 So. 2d 515 (Fla. 3d DCA 1989)…the taking of her deposition, the plaintiff eventually did comply with these orders, and, accordingly, a dismissal of the action was plainly an inappropriate remedy. See Muhtar v. Aetna Ins. Co., 456 So. 2d 586 (Fla. 3d DCA 1984); Davis v. Freeman, 405 So. 2d 241 (Fla. 1st DCA 1981); Donner v. Hetherington, 376 So. 2d 404 (Fla. 3d DCA 1979). As to the failure to comply with the interrogatory and discovery production order, the plaintiff was given but one opportunity to comply with this order prior to the dis…
Authorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)