R.D., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1987-12-15
No. 86-2873
Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.
517 So. 2d 70 Florida District Court of Appeal, Third District (1987) Positive Treatment
Cited by 10 cases


Opinion of the Court
DANIEL S. PEARSON, Judge.

DANIEL S. PEARSON, Judge.

The petition for delinquency stated that the criminal mischief charged therein was a misdemeanor in the first degree notwithstanding that the alleged damage to the property was $200 or less, making the charge in fact a misdemeanor in the second degree. § 806.13(2)(b), Fla.Stat. (1985). Although we do not entirely share the appellant’s concern that the trial court’s finding that he “committed the act(s) described in the petition” will be understood to mean that the juvenile has been adjudicated guilty of a first-degree misdemeanor, we nonetheless, with an abundance of caution and the State’s concurrence, remand the case to the trial court with directions that the order of adjudication be amended to clarify that the juvenile was found guilty of a second-degree misdemeanor. Remanded with directions.


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  • Hollywood Towers Condo. Ass'n, Inc. v. Hampton, 40 So. 3d 784 (Fla. 4th DCA 2010)
    …, e.g., Garcia v. Crescent Plaza Condo. Ass’n, 813 So. 2d 975 (Fla. 2d DCA 2002) (applying the business judgment rule to the association’s decision to lease a portion of the common element parking spots); P.S. Farrington v. Casa Solana Condo. Ass’n, 517 So. 2d 70, 72 (Fla. 3d DCA 1987) (applying the business judgment rule to the condominium association board’s decision to approve a special assessment); see Tiffany Plaza Condo. Ass’n v. Spencer, 416 So. 2d 823, 826 (Fla. 2d DCA 1982) (stating that courts will…
  • …cs, including the building exteriors, so long as it exercises good business judgment. The “business judgment rule” will protect a board of directors as long as the board has acted in a reasonable manner. Farrington v. Casa Solana Condo. Ass’n. Inc., 517 So. 2d 70 (Fla. 3d DCA 1987). “If, in the good business judgment of the association, such alteration or improvement is necessary or beneficial in the maintenance, repair, or replacement of the common elements, all unit owners should equally bear the cost as p…
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