ALFREDO TORRES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Torres’ convictions for burglary of a dwelling and grand theft are affirmed. § 901.18, Fla.Stat. (1979); Goodman v. State, 399 So. 2d 1120 (Fla. 4th DCA 1981). See State v. Steffani, 398 So. 2d 475 (Fla. 3d DCA 1981); Kirby v. State, 217 So. 2d 619 (Fla. 4th DCA 1969). His concurrent ten-year sentence of imprisonment for grand theft is reversed as being in excess of the statutory maximum, see §§ 775.082 and 812.014, Fla.Stat. (1979), and the cause remanded to the trial court with directions to impose a sentence of not more than five years for such offense. See Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981); Skinner v. State, 366 So. 2d 486 (Fla. 3d DCA 1979). The defendant’s presence is not required when the new sentence is imposed.
Affirmed in part; reversed in part and remanded.
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Criss v. Davis, Presser & LaFAYE, P.A., 494 So. 2d 525 (Fla. 1st DCA 1986)…L is entitled to recover $25,376.00 from Criss. The trial court rejected Criss’ argument that the required payment is oppressive, constituting a penalty rather than liquidated damages. Criss relied heavily on Cherry, Bekaert & Holland v. La Salle, 413 So. 2d 436 (Fla.3d DCA 1982), which upheld the trial court’s finding that a similar agreement was unenforceable. The agreement in Cherry prohibited an employee from soliciting or performing accounting services to any of his employer’s former clients for three…
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Burzee v. Park Ave. Ins. Agency, Inc., 946 So. 2d 1200 (Fla. 5th DCA 2006)…at a provision that required the employee upon breach to pay 200% of one year’s gross revenue for each client that actually switched to the employee’s new employer was a penalty and unenforceable. Similarly, in Cherry, Bekaert & Holland v. La-Salle, 413 So. 2d 436 (Fla. 3d DCA 1982), the Third District also held that a covenant that required the departing employee to pay 200% of the fees charged to any former client of the firm served by the employee during the preceding year to be a penalty. In Ms. Burzee’s…
Authorities Cited
- Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)
- Kirby v. State, 217 So. 2d 619 (Fla. 4th DCA 1969)
- Skinner v. State, 366 So. 2d 486 (Fla. 3d DCA 1979)
- State v. Steffani, 398 So. 2d 475 (Fla. 3d DCA 1981)
- Goodman v. State, 399 So. 2d 1120 (Fla. 4th DCA 1981)