FELICIA L. MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FELICIA L. MILLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
424 So. 2d 207
Florida District Court of Appeal, Second District (1983)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the revocation of probation, judgment and sentence imposed herein. The record, however, establishes that the lower court failed to state with particularity its justification for retaining jurisdiction over one-third of the sentence. We remand to the lower court with directions to either relinquish the retention of jurisdiction over one-third of Miller’s sentence or to state with particularity the justification for retaining jurisdiction as required by section 947.16(3)(a), Florida Statutes (1981). Hernandez v. State, 421 So. 2d 1102 (Fla. 2d DCA 1982). Sanders v. State, 400 So. 2d 1015 (Fla. 2d DCA 1981); Hicks v. State, 388 So. 2d 357 (Fla. 2d DCA 1980).
OTT, C.J., and RYDER and DANAHY, JJ., concur.
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Akin BAY Co., LLC v. VON Kahle, 180 So. 3d 1180 (Fla. 3d DCA 2015)…but not limited to, prosecuting any tort claims or causes of action which were previously held by the assignor.” § 727.108(1).2 The assignee stands in the shoes of the assignor for this purpose.' See § 727.104; Naples Awning & Glass, Inc. v. Cirou, 424 So. 2d 207, 209 (Fla. 2d DCA 1983). For this reason, with minor exceptions prescribed by the statute,3 the' as-signee cannot stand in any better position [*1183] than his assignor. Under both New York law, which application- is stipulated to apply by the agree…
Authorities Cited
- Hicks v. State, 388 So. 2d 357 (Fla. 2d DCA 1980)
- Sanders v. State, 400 So. 2d 1015 (Fla. 2d DCA 1981)
- Weissberg v. Floridian Arms Condo. Ass'n, Inc., 421 So. 2d 1102 (Fla. 3d DCA 1982)