ANTHONY D. BAUZA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTHONY D. BAUZA, APPELLANT,
STATE OF FLORIDA, APPELLEE
417 So. 2d 275
Florida District Court of Appeal, Second District (1982)
Caution
Cited by 22 cases
Opinion of the Court
PER CURIAM.
Upon the State’s motion for rehearing, our earlier opinion is vacated and the following decision is substituted in its stead:
Due to apparent misunderstandings by the parties and the trial court concerning the plea bargain arrangement, we REVERSE the judgment and sentence and REMAND with directions to allow the appellant to withdraw his nolo contendere plea on Count II and the State to reinstate Count I and proceed on both counts.
HOBSON, A. C. J., and GRIMES and SCHOONOVER, JJ., concur.
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Abrams v. Paul, 453 So. 2d 826 (Fla. 1st DCA 1984)…d severally.” We do not reach the merits of this argument because no such error is preserved absent an objection to the verdict form. See Whitman v. Castlewood [*830] International Corp., 383 So. 2d 618 (Fla. 1980); Middelveen v. Sibson Realty Inc., 417 So. 2d 275 (Fla. 5th DCA 1982); Rose’s Stores Inc. v. Mason, 338 So. 2d 1323 (Fla. 4th DCA 1976); High, Clarke & Feneis Inc. v. Public Service Mutual Insurance Co., 238 So. 2d 169 (Fla. 3d DCA 1970); Fla.R.Civ.P. 1.470(b). This issue would also, of course, be…
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City OF Orlando v. Birmingham, 539 So. 2d 1133 (Fla. 1989)…n the trial court. As a general rule, appellate courts have steadfastly applied Florida Rule of Civil Procedure 1.470(b) to bar the appeal of jury instructions to which no objection was raised at the trial level.1 Middelveen v. Sibson Realty, Inc., 417 So. 2d 275, 277 (Fla. 5th DCA 1982), review denied, 424 So. 2d 762 (Fla.1982); Fleitas v. Robinson, 273 So. 2d 419 (Fla. 3d DCA 1973). Furthermore, in criminal cases where the alleged error is giving or failing to give a particular jury instruction, this Court…
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Wagner v. Nottingham Assocs., 464 So. 2d 166 (Fla. 3d DCA 1985)…g on appeal. Florida Rule of Civil Procedure 1.470(b) (“No party may assign as error the giving of any charge unless he objects thereto at such time or the failure to give any charge unless he requested the same.”) Middelveen v. Sibson Realty, Inc., 417 So. 2d 275 (Fla. 5th DCA 1982), pet. for review denied, 424 So. 2d 762 (Fla.1982); St. Regis Paper Co. v. Watson, 409 So. 2d 75 (Fla. 3d DCA 1982), rev’d on other grounds, 428 So. 2d 243 (Fla.1983); Schwab v. Tolley, 345 So. 2d 747 (Fla. 4th DCA 1977); Henning…
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