SAM HARDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SAM HARDY, APPELLANT,
STATE OF FLORIDA, APPELLEE
492 So. 2d 837
Florida District Court of Appeal, Fifth District (1986)
Caution
Cited by 25 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a sentence for aggravated assault. The trial judge erred in scoring thirty-six points for victim injury which error caused appellant’s sentence to be greater than the sentencing guidelines allow. Although we relinquished jurisdiction for resentencing, the sentencing judge failed to resentence appellant within the time allotted for the jurisdiction to do so. Thus, we must write this opinion vacating the sentence and requiring the resentencing. The sentence is vacated and this cause is remanded for a proper resentencing.
SENTENCE VACATED; REMANDED.
ORFINGER and COBB, JJ., concur.
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Citator
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Moody v. Moody, 721 So. 2d 731 (Fla. 1st DCA 1998)…Gelato v. Basch, 658 So. 2d 664, 665 (Fla. 4th DCA 1995)(“More importantly, the trial court committed reversible error in changing primary residence, even on a temporary basis, at a hearing that was not noticed for that issue.”); Hammond v. Hammond, 492 So. 2d 837, 838 (Fla. 5th DCA 1986)(reversing trial court’s reduction of child support at hearing on motion for contempt for failure to pay child support and saying that “[a] trial judge cannot modify a judgment calling for child support payments unless the is…
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Newberry v. Newberry, 831 So. 2d 749 (Fla. 5th DCA 2002)…ent on an issue not raised by the pleadings. Cortina v. Cortina, 98 So. 2d 334 (Fla.1957). For example, a petition for contempt for nonpayment of child support does not give a court the power to reduce court ordered child support. Hammond v. Hammond 492 So. 2d 837 (Fla. 5th DCA 1986). In this case, the father moved to modify the dissolution decree by changing the primary residential custody of the parties’ children from the mother to himself. In addition, he requested an appropriate adjustment dovmward of chi…1 / 2
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Fla. Dep't OF Revenue v. McCLUNG, 760 So. 2d 244 (Fla. 3d DCA 2000)…Servs., Child Support Enforcement v. Whaley, 624 So. 2d 367 (Fla. 3d DCA 1993); State, Dep’t. of Health and Rehabilitative Servs., Office of Child Support Enforcement ex rel. Worthy v. Carwell, 524 So. 2d 484 (Fla. 2d DCA 1988); Hammond v. Hammond, 492 So. 2d 837 (Fla. 5th DCA 1986). We disagree. Based upon our de novo review of the parties’ agreement,1 we believe that para [*246] graphs 15 and 18 must be construed together in order to give full effect to each. See Durham Tropical Land Corp. v. Sun Garden S…
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