FIRST QUALITY RESTAURANT D/B/A WENDY'S AND ST. PAUL'S FIRE & MARINE INSURANCE COMPANY, APPELLANTS,
v.
SALLY ANN BRYAN, APPELLEE
BARFIELD, Judge.
The deputy commissioner’s order is AFFIRMED. Appellee’s motion for attorney’s fee is provisionally granted. In accordance with the rationale of Sierra v. Sierra, 505 So. 2d 432 (Fla.1987), the parties may file within twenty (20) days of this date either a stipulation as to the amount of the fee to be assessed or affidavits as to the value of services on appeal. If there is no response within twenty (20) days, or if either party objects to proceeding on affidavits, Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA), cert. denied, 172 So. 2d 601 (Fla.1964); Thoni v. Thoni, 179 So. 2d 420 (Fla. 3d DCA 1965), the case will be remanded to the deputy commissioner for determination of the amount of the appellate attorney fee.
MILLS and WENTWORTH, JJ., concur.
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Brown v. State, 721 So. 2d 274 (Fla. 1998)…ment was minor and that McGuire received a lighter sentence for his involvement in the murder. We disagree. Accomplices are competent to testify as witnesses despite the fact such evidence should be “relied on with ‘great caution.’ ” Smith v. State, 507 So. 2d 788, 790 (Fla. 1st DCA 1987) (quoting Fla. Std. Jury Instr. (Crim.) 2.04(b)). The question of whether an accomplice is credible and the weight to be given to the testimony are issues for the jury to determine. Carter v. State, 560 So. 2d 1166, 1168 (Fla…
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Tarrence L. Smith v. State, 526 So. 2d 1060 (Fla. 1st DCA 1988)…obbery, contending the trial court relied upon an improper reason to exceed the recommended guideline sentence. For the reasons set forth below, we approve the sentence imposed. In his first appearance before this court, reported in Smith v. State, 507 So. 2d 788 (Fla. 1st DCA 1987) (Smith I), appellant challenged both his conviction and the departure sentence imposed thereon. Appellant’s conviction was affirmed, but the case was remanded for resentencing due to improper calculation of the guideline score an…
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Davis v. State, 534 So. 2d 821 (Fla. 4th DCA 1988)…tate, 501 So. 2d 1285 (Fla. 4th DCA 1986). However, as one swallow does not a summer make, neither does one prior “not included” strong arm robbery establish a sufficient pattern of escalating criminal conduct to support a departure. Smith v. State, 507 So. 2d 788 (Fla.1987); Mitchell v. State, 507 So. 2d 686 (Fla. 1st DCA 1987). Although there was some discussion at the sentencing hearing regarding the experience of other prior offenses, these were not adequately established nor used by the trial judge as su…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964)
- Sierra v. Sierra, 505 So. 2d 432 (Fla. 1987)
- Clark v. State, 172 So. 2d 601 (Fla. 1965)
- Famous Brands Distribs., Inc. v. Hoke, 179 So. 2d 420 (Fla. 2d DCA 1965)
- Thoni v. Marine Parrish Thoni, 179 So. 2d 420 (Fla. 3d DCA 1965)