GEORGE B. SHAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GEORGE B. SHAW, APPELLANT,
STATE OF FLORIDA, APPELLEE
471 So. 2d 591
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
The only issue meriting discussion is the trial court’s failure to issue a written order enunciating the reasons for departing from the sentencing guidelines. As we recently held in Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985), such a writing is a necessary requirement or alternatively the reasons must be elucidated on the score sheet. Accordingly, neither method having been invoked in the case at bar, we remand the matter to the trial court to provide written reasons.
DOWNEY, LETTS and WALDEN, JJ., concur. BY ORDER OF THE COURT:
ORDERED that the Appellee’s Motion for Rehearing filed June 19, 1985 is denied. See Jollie v. State, 405 So. 2d 418 (Fla. 1981).
ORDERED that Appellee’s June 19, 1985 Motion for Stay of Mandate is denied.
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Brantley v. Allen, 538 So. 2d 1338 (Fla. 1st DCA 1989)…, which resulted in stipulations by the DC and both parties stating AWW and comp rate not to be at issue. Additionally, the DC noted that since the claim for increased AWW was based on case law articulated in Mobley v. Winter Park Memorial Hospital, 471 So. 2d 591 (Fla. 1st DCA 1985), the issue could certainly have been litigated by the time the DC entered his first order, on January 10, 1986, determining that AWW and comp rate were not at issue. It is well established that any mature claim for worker’s comp…
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Anello v. Friendship Vill. Convalescent Home & Underwriters Adjusting Co., 546 So. 2d 1119 (Fla. 1st DCA 1989)…value to the employee (the cost the employee would have to pay to obtain the same or similar benefit no longer being furnished by the employer), and not on the cost of the benefit to the employer.1 See, e.g., Mobley v. Winter Park Memorial Hospital, 471 So. 2d 591 (Fla. 1st DCA 1985); Fair-Way Restaurant v. Fair, 425 So. 2d 115 (Fla. 1st DCA 1982); Rhaney v. Dobbs House, Inc., 415 So. 2d 1277 (Fla. 1st DCA 1982). The fact that the employer in the instant case was a convalescent home rather than a restaurant d…
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- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985)