MICHAEL HOLLOWAY, APPELLANT,
v.
PAUL PIETRAFESA, ETC., ET AL., APPELLEES
MICHAEL HOLLOWAY, APPELLANT,
PAUL PIETRAFESA, ETC., ET AL., APPELLEES
487 So. 2d 366
Florida District Court of Appeal, Fourth District (1986)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We reverse the order denying appellant’s motion to set aside default. See Somero v. Hendry General Hospital, 467 So. 2d 1103 (Fla. 4th DCA 1985); Reicheinbach v. Southeast Bank, N.A., 462 So. 2d 611 (Fla. 3d DCA 1985); and Broward County v. Perdue, 432 So. 2d 742 (Fla. 4th DCA 1983).
Reversed.
HERSEY, C.J., and WALDEN, J., concur. LETTS, J., concurs specially with opinion.
Concurrence
LETTS, Judge,
specially concurring.
I am forced to agree with the majority’s ruling because of the all-encompassing nature of Somero v. Hendry General Hospital. I dissented in Somero and indeed I believe the result here is also error. However, I am committed to the doctrine of stare decisis and in my view Somero dictates the result.
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Citator
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Cason v. State, 604 So. 2d 928 (Fla. 3d DCA 1992)…ation based on such violation. Stafford v. State, 455 So. 2d 385, 386 (Fla.1984) (approving Martin v. State, 243 So. 2d 189 (Fla. 4th DCA) (defendant violated probation while in county jail), cert. denied, 247 so.2d 63 (Fla.1971)); Russell v. State, 487 So. 2d 366 (Fla. 2d DCA) (violation while defendant in custody of Department of Corrections), cause dismissed, 492 So. 2d 1334 (Fla.1986). See also Williamson v. State, 388 So. 2d 1345 (Fla. 3d DCA 1980). In our view, where a defendant has allegedly violated…
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Santiago v. Ryan, 109 So. 3d 848 (Fla. 3d DCA 2013)…,” and thus, that section 908.0471 does not apply. Analogizing this case to Martin v. State, 243 So. 2d 189 (Fla. 4th DCA 1971); Williamson v. State, 388 So. 2d 1345 (Fla. 3d DCA 1980); Stafford v. State, 455 So. 2d 385 (Fla.1984); Russell v. State, 487 So. 2d 366 (Fla. 2d DCA 1986) and Hart v. State, 364 So. 2d 544 (Fla. 4th DCA 1978), we reject that claim and hold that the provision does apply when the defendant commits a new crime — here, by way of making threatening phone calls from jail — after the bond…
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Genovese v. State, 250 So. 3d 15 (Fla. 2d DCA 2018)…04 So. 2d 744 (Fla. 1981); State v. Segarra, 388 So. 2d 1017 (Fla. 1980); Genovese v. State, 226 So. 3d 291 (Fla. 2d DCA 2017); Mearns v. State, 779 So. 2d 282 (Fla. 2d DCA 1998); Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000); Russell v. State, 487 So. 2d 366 (Fla. 2d DCA 1986); Seitz v. State, 867 So. 2d 421 (Fla. 3d DCA 2004). CASANUEVA, LUCAS, and BADALAMENTI, JJ., Concur.…
Authorities Cited
- Glenna Somero and Robert Somero v. Hendry Gen. Hosp., 467 So. 2d 1103 (Fla. 4th DCA 1985)
- Reicheinbach v. Se. Bank, N.A., 462 So. 2d 611 (Fla. 3d DCA 1985)
- Broward Cnty. v. Perdue, 432 So. 2d 742 (Fla. 4th DCA 1983)