DORMAN K. KIMBRELL, APPELLANT,
v.
GREAT AMERICAN INSURANCE COMPANY, ETC., APPELLEE
DORMAN K. KIMBRELL, APPELLANT,
GREAT AMERICAN INSURANCE COMPANY, ETC., APPELLEE
428 So. 2d 254
Florida District Court of Appeal, Fourth District (1981)
Negative Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The trial court’s decision in this case is affirmed on the authority of Del Prado v. Liberty Mutual Insurance Company, 400 So. 2d 115 (Fla. 4th DCA June 17, 1981). We certify that this decision is in direct conflict with Decker v. Great American Insurance Co., 392 So. 2d 965 (Fla. 2nd DCA 1980).
DOWNEY, MOORE and HERSEY, JJ., concur. Decision approved, Fla., 420 So. 2d 1086.
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Taylor v. State, 425 So. 2d 1191 (Fla. 1st DCA 1983)…cond point is that the theft of the “CB” and beer truck was one act, as opposed to two separate acts of theft, and that he could therefore only be sentenced to one charge of theft. Thomas v. State, 405 So. 2d 1015 (Fla. 1st DCA 1981); Getz v. State, 428 So. 2d 254 (Fla. 1st DCA 1982). We disagree. We consider the two charged offenses were sufficiently separated in time as to constitute two valid, separate offenses. As was recently explained in Castelberry v. State, 402 So. 2d 1231, 1232 (Fla. 5th DCA 1981), r…
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State v. Getz, 435 So. 2d 789 (Fla. 1983)…OVERTON, Justice. This is a petition to review a decision of the First District Court of Appeal reported as Getz v. State, 428 So. 2d 254 (Fla. 1st DCA 1982), in which the district court upheld the respondent’s convictions and sentences for burglary and grand theft of a firearm, but vacated his sentence for petit theft. The district court certified the following question to be one of…
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Watts v. State, 440 So. 2d 505 (Fla. 1st DCA 1983)…estions, determining the appropriateness of two or more sentences can be difficult when the properly adjudicated offenses are catalogued in subsections of a single statute. See Thomas v. State, 405 So. 2d 1015 (Fla. 1st DCA 1981), and Getz v. State, 428 So. 2d 254 (Fla. 1st DCA 1982). But the convictions here, for Watts’ simultaneous possession3 of two prisonmade knives, are [*507] unambiguously founded upon the same criminal statute, section 944.47(l)(c). For two reasons, therefore, section 775.021(4) cannot…
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- Dorman K. Kimbrell v. Great Am. Ins. Co., 420 So. 2d 1086 (Fla. 1982)
- del Prado v. Liberty Mut. Ins. Co., 400 So. 2d 115 (Fla. 4th DCA 1981)
- Decker v. Great Am. Ins. Co., 392 So. 2d 965 (Fla. 2d DCA 1980)