ANDREW BENDER, PETITIONER,
v.
FIRST FIDELITY SAVINGS AND LOAN ASSOCIATION OF WINTER PARK F/K/A FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MARTIN COUNTY, RESPONDENT
PER CURIAM.
We have for review Bender v. First Fidelity Savings and Loan Association of Winter Park, 463 So. 2d 445 (Fla. 4th DCA 1985). The opinion is in conflict with Miller v. Fortune Insurance Co., 453 So. 2d 489 (Fla. 2d DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Based on our decision in Miller v. Fortune Insurance Co., 484 So. 2d 1221 (Fla.1986), we approve the decision of the court below.
It is so ordered.
MCDONALD, C.J., and ADKINS, BOYD, EHRLICH and SHAW, JJ., concur. OVERTON, J., dissents with an opinion.
OVERTON, Justice,
dissenting.
I dissent for the reasons expressed in iriy dissent in Miller v. Fortune Insurance Co., 484 So. 2d 1221 (Fla.1986).
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State v. Rousseau, 509 So. 2d 281 (Fla. 1987)…decisions of this Court rendered subsequent to Mischler clearly show that we did not intend Mischler to overrule or modify Albritton. See, e.g., Keys v. State, 500 So. 2d 134 (Fla.1986); Casteel v. State, 498 So. 2d 1249 (Fla.1986); Sloan v. State, 491 So. 2d 276 (Fla.1986); Adams v. State, 490 So. 2d 53 (Fla.1986); Scurry v. State, 489 So. 2d 25 (Fla.1986); Agatone v. State, 487 So. 2d 1060 (Fla.1986).1 For example, in Scurry v. State, we cited Mischler for the proposition that the prohibited reasons set fo…
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Creed Martin Vanover v. State, 498 So. 2d 899 (Fla. 1986)…t “[r]easons for deviating from the guidelines shall not include factors relating to the instant offenses for which convictions have not been obtained.” As in Sloan v. State, 472 So. 2d 488, 490 (Fla. 2d DCA 1985), approved in part, quashed in part, 491 So. 2d 276 (Fla.1986), we must hold that “[t]he presence of that comment within the stated [grounds for departure] more than supports our view that the trial court, at the very least, found the higher crime, for which there was no conviction, a significant ele…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miller v. Fortune Ins. Co., 484 So. 2d 1221 (Fla. 1986)
- Bender v. First Fid. Sav. & Loan Ass'n OF Winter Park, 463 So. 2d 445 (Fla. 4th DCA 1985)
- Miller v. Fortune Ins. Co., 453 So. 2d 489 (Fla. 2d DCA 1984)