JESSE JAMES MANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JESSE JAMES MANN, APPELLANT,
STATE OF FLORIDA, APPELLEE
406 So. 2d 1267
Florida District Court of Appeal, Fourth District (1981)
Caution
Cited by 26 cases
Opinion of the Court
PER CURIAM.
The appellant’s conviction is affirmed but the sentence imposed by the trial court is vacated and this cause is remanded for re-sentencing in accordance with the case of Villery v. Florida Parole & Probation Commission, 396 So. 2d 1107 (Fla.1981).
ANSTEAD, BERANEK and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Shurman v. Atl. Mortg. & Inv. Corp., 795 So. 2d 952 (Fla. 2001)…ved at the dwelling house in which the defendant is living at the time when the service is made.” Heffernan, 195 So. at 147. See also Milanes v. Colonial Penn Ins. Co., 507 So. 2d 777, 778 (Fla. 3d DCA 1987); Panter v. Werbel-Roth Securities, Inc., 406 So. 2d 1267, 1268 (Fla. 4th DCA 1981); Hauser, 341 So. 2d at 532. Not surprisingly, in applying the definition of the term “usual place of abode” set forth in Heffeman, courts have frequently invalidated substituted service of process in cases where the defend…
-
Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986)…actual knowledge of the attempted service cannot be relied upon to justify the failure of the plaintiff to strictly observe and substantially comply with a statute authorizing service by publication. Accord, Panter v. Werbel-Roth Securities, Inc., 406 So. 2d 1267 (Fla. 4th DCA 1981). We also answer certified question (2) in the negative. Service by publication, even when it is accompanied by certified mail addressed to defendant’s correct out-of-state address (and actually received there by defendant) is no…
-
Shiffman v. Stumpff, 445 So. 2d 1104 (Fla. 4th DCA 1984)…-Heath, 364 So. 2d 855 (Fla. 2d DCA 1978). Cases construing this and other substituted service statutes have repeatedly held that such statutes must be strictly construed and strictly complied with. See, e.g., Panter v. Werbel-Roth Securities, Inc., 406 So. 2d 1267 (Fla. 4th DCA 1981); George Fischer Ltd. v. Plastiline, Inc., 379 So. 2d 697 (Fla. 2d DCA 1980); Leviten v. Gaunt, 360 So. 2d 112 (Fla. 3d DCA 1978); Century Brick Corp. of America v. Gatewood, 157 So. 2d 95 (Fla. 3d DCA 1963); Rever v. Lapidus, 151…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)