D.W., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1983-03-22
No. 82-1099
Before BARKDULL, NESBITT and FERGUSON, JJ.
428 So. 2d 363 Florida District Court of Appeal, Third District (1983) Caution
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the adjudications of delinquency for the offenses of: (1) forgery [§ 831.01, Fla.Stat. (1981)]; (2) uttering a forged instrument [§ 831.02, Fla.Stat. (1981) ]; and (3) theft of a credit card lost, mislaid or mistakenly delivered [§ 817.60(2), Fla.Stat. (1981) ], the state having candidly confessed error with regard thereto. Also, pursuant to the state’s confession of error, we direct the trial court to correct the felony adjudication of delinquency for fraudulent use of a credit card [§ 817.61, Fla.Stat. (1981) ] to reflect an adjudication of a misdemeanor under Section 817.67(1), Florida Statutes (1981). The case is remanded for this purpose and to permit the state to recharge D.W. with the offense of theft by taking or retaining possession of a credit card, pursuant to Section 817.60(1), Florida Statutes (1981).

Reversed and remanded with directions.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …ey Bank v. First United Land Title Co., 502 So. 2d 1280 (Fla. 2d DCA 1987) (customer’s negligence in hiring forger); Flagship Bank v. Complete Interiors, Inc., 450 So. 2d 337 (Fla. 5th DCA 1984) (same); Ossip-Harris Ins., Inc. v. Barnett Bank, N.A., 428 So. 2d 363 (Fla. 3d DCA 1983) (customer’s negligent failure to promptly reconcile bank statements as required by section 674.406, Florida Statutes (1981)); First Nat’l Bank v. Keshishian, 427 So. 2d 313 (Fla. 5th DCA 1983) (same), the burden of proving this de…
  • Burdine-Coakley v. Cap. Bank, 542 So. 2d 1019 (Fla. 3d DCA 1989)
    …error in the final judgment. The record reflects that Burdine-Coakley failed to establish a lack of ordinary care on the part of Capital Bank. See section 674.406(3), Fla.Stat. (1983); Ossip Harris Ins., Inc. v. Barnett Bank of South Florida, N.A., 428 So. 2d 363 (Fla. 3d DCA 1983). In addition, no testimony was presented that would indicate Capital Bank ought to have looked behind the execution of the power of attorney. Cf. Smith v. McEwen, 119 Fla. 588, 161 So. 68 (1935) (power of attorney and notary’s rec…
  • KEE Fin. & Invs., Inc. v. Fla. Nat'l Bank, 554 So. 2d 6 (Fla. 3d DCA 1989)
    …PER CURIAM. Affirmed. See Burdine-Coakley v. Capital Bank, 542 So. 2d 1019 (Fla. 3d DCA 1989); Ossip Harris Ins., Inc. v. Barnett Bank of South Florida, N.A., 428 So. 2d 363 (Fla. 3d DCA 1983).…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw