THE STATE OF FLORIDA, APPELLANT,
v.
WILLIAM HOWZE, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
WILLIAM HOWZE, APPELLEE
458 So. 2d 318
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 4 cases
Topics
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Opinion of the Court
PER CURIAM.
Upon undisputed facts the trial court dismissed an information charging the defendant with sale of a purported controlled substance contrary to Section 817.563, Florida Statutes (1981).
The stipulated facts read in part as follows:
“The issue for the Court to decide since there is no material dispute under the facts that the Defendant did not agree or offer to sell any person in lieu of a controlled substance any other substance, is whether the Defendant aided or abetted such a sale?”
We find that the trial court erred. The question of intent to abet a sale is a fact issue based on this record. Brewer v. State, 413 So. 2d 1217 (Fla. 5th DCA 1982); State v. J.T.S., 373 So. 2d 418 (Fla. 2d DCA 1979); State v. West, 262 So. 2d 457 (Fla. 4th DCA 1972). Therefore the order of dismissal is reversed and the matter returned to the trial court for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marietta Mitchell v. Mitchell, 536 So. 2d 1107 (Fla. 4th DCA 1988)…remaining assets; and 6. The real value of alimony ordered in 1978 had decreased by almost 50 per cent due to cost of living increases. Perhaps no one of the above, standing alone, would allege a sufficient change in circumstances. Smith v. Smith, 458 So. 2d 318 (Fla. 4th DCA 1984). However, their sum so overwhelmingly alleges a change that we feel justified in reversing the dismissal without further comment or citation. A second aspect of the trial judge’s order, which must be addressed, is his finding th…
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Schwartz v. Schwartz, 712 So. 2d 1243 (Fla. 4th DCA 1998)…ding whether to grant any modification. In this case, the pleadings were sufficient to allow the trial court to have utilized the former husband’s financial situation on the date of trial in ruling on the petition. We acknowledged in Smith v. Smith, 458 So. 2d 318, 319 (Fla. 4th DCA 1984), that the financial circumstances of the parties at the time of a final hearing could be examined in deciding whether modification of an alimony award was appropriate. We reverse the August 27, 1997 order denying modificati…
Authorities Cited
- Brewer v. State, 413 So. 2d 1217 (Fla. 5th DCA 1982)
- State v. J. T. S. and G. R. W., 373 So. 2d 418 (Fla. 2d DCA 1979)
- State v. West, 262 So. 2d 457 (Fla. 4th DCA 1972)