JERRY P. BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1982-04-07
Nos. AG-239 to AG-242
MILLS, LARRY G. SMITH and SHAW, JJ., concur.
412 So. 2d 66 Florida District Court of Appeal, First District (1982) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The sentence under review is affirmed except insofar as it fails to give appellant credit for time actually served in jail pursuant to the three previous convictions for which he was placed on probation. § 921-161(1), Fla.Stat. (1981). The cause accordingly is remanded to the trial judge to determine the amount of jail time appellant served in each case and to give appellant credit for that time on each of the one year terms.

AFFIRMED in part, REVERSED in part, and REMANDED for appropriate action consistent with this opinion.

MILLS, LARRY G. SMITH and SHAW, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Martin Marietta Corp. & Scott Wetzel Servs. v. Glumb, 523 So. 2d 1190 (Fla. 1st DCA 1988)
    …440.34, Florida Statutes, embodies legislative intent to standardize attorney’s fee awards in the workers’ compensation area, unless exceptional circumstances warrant a departure from the recommended fee schedule. Roundtree Transport, Inc. v. Godek, 412 So. 2d 66 (Fla. 1st DCA 1982), pet. for review denied, 443 So. 2d 979 (Fla.1983). Although the amount of benefits obtained is a significant factor, it is not determinative of the maximum amount that can be awarded as a fee. Davis v. Keeto, Inc., 463 So. 2d 3…
  • …ional circumstances, and when a deputy commissioner departs from the statutory schedule, the order should reflect that he considered all of the relevant, prescribed factors to the extent that circumstances permit. Roundtree Transport, Inc. v. Godek, 412 So. 2d 66 (Fla. 1st DCA 1982). In the instant case, the order restates the statutory criteria and states that these factors were considered. The only specific fact mentioned, however, was the amount of time expended in prosecuting the claim, 49½ hours. The…
  • …ermit. In this case the deputy commissioner appears to have based his determination solely on the number of hours expended by claimant’s attorney. A similar situation resulted in reversal and remand in the case of Roundtree Transport, Inc. v. Godek, 412 So. 2d 66 (Fla. 1st DCA 1982), which found the articulated reasons given by the deputy commissioner insufficient to justify the disparity between the statutory fee and the awarded fee. This would be especially true in the case at bar. Here, claimant’s attorne…

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