WILLIAM SCOTT GOLLWITZER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COBB, Judge.
In this case the trial court sentenced the appellant, William Scott Gollwitzer, based on the sentencing guidelines in effect at the time of the sentence. This was in accordance with the law as perceived by the Florida Supreme Court. See, e.g., Patterson v. State, 499 So. 2d 831 (Fla.1987), vacated, — U.S. —, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); Van Horn v. State, 498 So. 2d 426 (Fla.1986); Wilkerson v. State, 494 So. 2d 210 (Fla.1986), vacated, — U.S. —, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); State v. Jackson, 478 So. 2d 1054 (Fla.1985). Recently, however, the United States Supreme Court has corrected those holdings in Miller v. Florida, — U.S. —, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), reversing State v. Miller, 488 So. 2d 820 (Fla.1985). The guidelines in effect at the time of the offense apply.
Accordingly, we reverse and remand for resentencing.
DAUKSCH and ORFINGER, JJ., concur.
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Wendt v. Horowitz, 822 So. 2d 1252 (Fla. 2002)…ommitting a tortious act” to establish personal jurisdiction under section 48.193(l)(b), suggesting that a nonresident defendant must be physically present to commit a tortious act. For example, in McLean Financial Corp. v. Winslow Loudermilk Corp., 509 So. 2d 1373, 1374 (Fla. 5th DCA 1987), the Fifth District held that making fraudulent representations in Virginia by telephone to a Florida resident was insufficient to establish jurisdiction under section 48.193(1)(b). See also Intercontinental Corp. v. Orland…
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Martin Acquadro, M.D. v. Bergeron, 851 So. 2d 665 (Fla. 2003)…);1 Thompson v. Doe, 596 So. 2d 1178 (Fla. 5th DCA 1992), approved, 620 So. 2d 1004 (Fla.1993); Intercontinental Corp. v. Orlando Regional Medical Center, Inc., 586 So. 2d 1191 (Fla. 5th DCA 1991); McLean Financial Corp. v. Winslow Loudermilk Corp., 509 So. 2d 1373 (Fla. 5th DCA 1987), and the Second District Court of Appeal in Koch v. Kimball, [*667] 710 So. 2d 5 (Fla. 2d DCA 1998); Phillips v. Orange Co., 522 So. 2d 64 (Fla. 2d DCA 1988); and Texas Guaranteed Student Loan Corp. v. Ward, 696 So. 2d 930 (Fla.…
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Qualley v. Int'l AIR Serv. Co., Ltd., 595 So. 2d 194 (Fla. 3d DCA 1992)…MacMillan-Bloedel, Ltd. v. Canada, 391 So. 2d 749 (Fla. 5th DCA 1980) (§ 48.181); see also Phillips v. Orange Co., 522 So. 2d 64 (Fla. 2d DCA) (§ 48.193), review denied, 531 So. 2d 1354 (Fla.1988); McLean Financial Corp. v. Winslow Loudermilk Corp., 509 So. 2d 1373 (Fla. 5th DCA 1987) (§ 48.193). The rule is otherwise where, for example, the alter ego test can be met, see Woods v. Jorgensen, 522 So. 2d 935 (Fla. 1st DCA 1988); see also Dania Jai-Alai Palace, Inc. v. Sykes, 450 So. 2d 1114 (Fla.1984), or where…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miller v. Florida, 482 U.S. 423 (U.S. 1987)
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- State v. Miller, 488 So. 2d 820 (Fla. 1986)
- Wilkerson v. State, 494 So. 2d 210 (Fla. 1986)
- van Horn v. State, 498 So. 2d 426 (Fla. 1986)
- THE Florida BAR v. Casety, 499 So. 2d 831 (Fla. 1986)
- Patterson v. State, 499 So. 2d 831 (Fla. 1987)