JAMES DAVID GRAHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES DAVID GRAHAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
496 So. 2d 227
Florida District Court of Appeal, First District (1986)
Positive Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
The appellant appeals the trial court’s departure from the recommended guideline sentence of 12-17 years to a term of life imprisonment. All of the reasons for departure given by the trial court judge are invalid. Scurry v. State, 489 So. 2d 25 (Fla. 1986). We reverse with directions to resen-tence within the guideline range. Williams v. State, 492 So. 2d 1308 (Fla.1986).
ERVIN, WIGGINTON and BARFIELD, JJ., concur.
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Bill's Equip. & Rentals & U.S. Fid. & Guar. Co. v. Teel, 498 So. 2d 536 (Fla. 1st DCA 1986)…was entered. See, Acosta Roofing Company v. Gillyard, 402 So. 2d 1321 (Fla. 1st DCA 1981). We adhere again to the well-settled rule that the failure to preserve issues below waives such questions on appeal. Holiday Inn and Adjustco, Inc. v. Sallee, 496 So. 2d 227 (Fla. 1st DCA 1986). AFFIRMED. JOANOS and WIGGINTON, JJ., concur.…
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Lerman v. Broward Cnty. Bd. OF Cnty. Comm'rs & Risk Mgmt. Div., 555 So. 2d 419 (Fla. 1st DCA 1989)…etely unsuccessful, will support a finding of permanent total disability. H.S. Camp & Sons v. Flynn, 450 So. 2d 577, 579 (Fla. 1st DCA 1984). See also Oak Construction Co. v. Jackson, 522 So. 2d 1068, 1071 (Fla. 1st DCA 1988); Holiday Inn v. Sallee, 496 So. 2d 227 (Fla. 1st DCA 1986); West Coast Insulation v. Lee, 464 So. 2d 1317, 1318 (Fla. 1st DCA 1985). It is well settled that it is the employer/carrier’s responsibility to apprise [*423] the claimant of his possible entitlement to benefits and his duty to…
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U.S. Foundry & Mfg. Co. & Gallagher Bassett Ins. Serv. v. Serpa, 564 So. 2d 559 (Fla. 1st DCA 1990)…causation, but it has not been applied to establish a blanket rule that a claimant’s inability to continue work in which he has training and experience because of an injury necessarily entitles him to PTD benefits. See Koger; Holiday Inn v. Sallee, 496 So. 2d 227 (Fla. 1st DCA 1986); Carpenters R. V. Service v. Eckert, 455 So. 2d 590 (Fla. 1st DCA 1984). It does not necessarily follow that a claimant’s success on a causation issue entitles him to a particular disability status with its commensurate benefits.…
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- Scurry v. State, 489 So. 2d 25 (Fla. 1986)
- Williams v. State, 492 So. 2d 1308 (Fla. 1986)