GARY LOUIS KEMP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY LOUIS KEMP, APPELLANT,
STATE OF FLORIDA, APPELLEE
502 So. 2d 22
Florida District Court of Appeal, Fifth District (1986)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We affirm the conviction of Gary Louis Kemp for two counts of uttering a forged instrument and two counts of grand theft, but remand for correction of the sentence.
Kemp was sentenced within the guidelines range; however, the court imposed community service pursuant to section 27.-3455, Florida Statutes (1985). Application of this section to crimes committed before its effective date violates ex post facto constitutional restrictions. See Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986).
AFFIRMED in part, REVERSED and REMANDED in part.
UPCHURCH, C.J., and ORFINGER and COBB, JJ., concur.
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Am. Vehicle Ins. Co. v. Olive Goheagan, 35 So. 3d 1001 (Fla. 4th DCA 2010)…arose in the county where the decedent resided, the place where the contract, but for the occurrence of the breach, should have been performed.” Oliver, 542 So. 2d at 410 (citing Alliance Life Ins., 215 Kan. 937, 529 P. 2d 171). In Ivey v. Padgett, 502 So. 2d 22, 23 (Fla. 5th DCA 1986), plaintiffs filed a complaint against defendants alleging legal malpractice for failing to file a claim in Volusia County, where the underlying claim occurred, and appealed the trial court’s granting of a motion changing venu…
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Oliver v. Severance, 542 So. 2d 408 (Fla. 1st DCA 1989)…the defendant fails to perform the covenant that he allegedly breached. Perry Bldg. Sys. v. Hayes & Bates, Inc., 361 So. 2d 443, 444 (Fla. 1st DCA 1978) (venue was proper in county where defendant wrote letter renouncing contract); Ivey v. Padgett, 502 So. 2d 22, 23 (Fla. 5th DCA 1986) (legal malpractice action accrued in county where defendant failed to timely file complaint). Here, it is alleged that under the terms of his contract with Severance, Oliver was to procure workers’ compensation insurance cove…
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Schecter v. Fishman, 525 So. 2d 502 (Fla. 5th DCA 1988)…ion of its customary business, where the cause of action accrued, or where the property in litigation is located. The plaintiff’s choice of venue is favored under Florida law if the election is one which has been properly exercised. Ivey v. Padgett, 502 So. 2d 22 (Fla. 5th DCA 1986). The party seeking the change in venue has the burden of establishing that the initial choice of venue was improper and not just that venue is proper elsewhere. Ivey; Crescent Beach, Inc. v. Jarvis, 435 So. 2d 396 (Fla. 5th DCA 1…
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- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)