CRYSTAL A. JOHNSON, APPELLANT,
v.
CARL E. TROIANO, APPELLEE
CRYSTAL A. JOHNSON, APPELLANT,
CARL E. TROIANO, APPELLEE
453 So. 2d 1139
Florida District Court of Appeal, Fourth District (1984)
Caution
Cited by 42 cases
Opinion of the Court
PER CURIAM.
The above-styled appeal is hereby dismissed because it does not qualify under the provisions of Florida Rule of Appellate Procedure 9.130(a)(3). We decline to treat it as a petition for common law certiorari.
HERSEY and WALDEN, JJ., concur. ANSTEAD, C.J., dissents with opinion.
Dissent
ANSTEAD, Chief Judge,
dissenting:
Based upon the appellant’s unrebutted showing of the lack of a legal or factual basis for the trial court’s sua sponte imposition of monetary sanctions I would acknowledge jurisdiction, and reverse. The order directed the immediate payment of money. In addition, it is undisputed that final judgment has now been entered in the cause. Under these circumstances it is clear that we have jurisdiction. To hold otherwise would be tantamount to holding that the order imposing monetary sanctions is not subject to review at all.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
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Murray Rosen v. Marlin, 486 So. 2d 623 (Fla. 3d DCA 1986)…nt necessary to equalize the draws. It took forty hours of accounting time to determine the exact figures. There was no theft of any money as a matter of law. Hinkle v. State, supra. Under the undisputed facts, there was no theft. Crawford v. State, 453 So. 2d 1139 (Fla. 2d DCA 1984); Adams v. State, 443 So. 2d 1003 (Fla. 2d DCA 1983); Martin v. State, 379 So. 2d 179 (Fla. 1st DCA 1980); Ricard v. State, 181 So. 2d 677 (Fla.3d DCA 1966). The trial court found that Rosen’s refusal to pay monies determined to be…
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Stramaglia v. State, 603 So. 2d 536 (Fla. 4th DCA 1992)…hown as loan repayments, were essentially speculative. Alone, the fact that the subcontractors were entitled to be paid and were not paid cannot be determinative of the question of whether their property was criminally taken. See Crawford v. State, 453 So. 2d 1139 (Fla. 2d DCA), rev. denied, 459 So. 2d 1041 (Fla.1984); Adams v. State, 443 So. 2d 1003, 1007 (Fla. 2d DCA 1983), rev. denied, 449 So. 2d 265 (Fla.1984); Martin v. State, 379 So. 2d 179, 181-182 (Fla. 1st DCA 1980); Youngker v. State, 215 So. 2d 318…
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Segal v. State, 98 So. 3d 739 (Fla. 4th DCA 2012)…te, 852 So. 2d 386, 388 (Fla. 3d DCA 2003) (quoting Jeffries v. State, 797 So. 2d 573, 580 (Fla.2001)). Appellant cites to cases in support of his position that the state’s evidence is insufficient to prove a felonious intent. In Crawford v. State, 453 So. 2d 1139 (Fla. 2d DCA 1984), the court held that the state had not proved intent to commit a grand theft in a contractual dispute. The defendant contracted with a homeowner to complete repairs on her roof, and the homeowner gave him a down payment of $240 to…
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