KENNETH HEMMERLE, INDIVIDUALLY, APPELLANT,
v.
SUNLAND PROPERTIES, INC., MARKBOROUGH PROPERTIES, LIMITED, HEMMERLE DEVELOPMENT CORPORATION, AND SUN-ISLAND REALTY, INC., APPELLEES
KENNETH HEMMERLE, INDIVIDUALLY, APPELLANT,
SUNLAND PROPERTIES, INC., MARKBOROUGH PROPERTIES, LIMITED, HEMMERLE DEVELOPMENT CORPORATION, AND SUN-ISLAND REALTY, INC., APPELLEES
526 So. 2d 1083
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
We reverse. The trial court erred in dismissing appellant’s counterclaim where the four comers of the counterclaim did not clearly establish that the issues had previously been adjudicated. Hoke v. Ft. Lauderdale Board of Adjustment, 486 So. 2d 698 (Fla. 4th DCA 1986).
REVERSED and REMANDED.
ANSTEAD, GLICKSTEIN and GUNTHER, JJ., concur.
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Bertram King v. State, 580 So. 2d 169 (Fla. 4th DCA 1991)…ing. The trial judge failed to make factual findings required by section 775.084, Florida Statutes (1987). At the resentencing, the trial court may again consider whether the habitual offender statute should be applied to appellant. Meehan v. State, 526 So. 2d 1083 (Fla. 4th DCA 1988). We recede from Pollard v. State, 561 So. 2d 29 (Fla. 4th DCA 1990) to the extent that it conflicts with this opinion. The factual findings need not be reduced to writing as long as they are made in a reported judicial proceeding…
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Rolle v. State, 586 So. 2d 1293 (Fla. 4th DCA 1991)…] bitual offender without the required findings of section 775.084(l)(a). We remand this case to the trial .court for resentencing. On remand, the court may again consider whether the habitual offender statute should be applied. See Meehan v. State, 526 So. 2d 1083 (Fla. 4th DCA 1988). REVERSED and REMANDED. GARRETT and FARMER, JJ., concur.…
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Elliott v. State, 597 So. 2d 916 (Fla. 4th DCA 1992)…te, 462 So. 2d 452 (Fla.1985); Rolle v. State, 586 So. 2d 1293 (Fla. 4th DCA 1991). On remand the trial court may resentence Appellant as a habitual offender if the required statutory findings are made and supported by the evidence. Meehan v. State, 526 So. 2d 1083 (Fla. 4th DCA 1988). AFFIRMED AS TO CONVICTION; REVERSED AS TO SENTENCE AND REMANDED FOR FURTHER PROCEEDINGS THEREON. STONE, J., concurs. HERSEY, J., concurs in conclusion only. . We regret the necessity of mentioning the race of the suspects. H…
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- Hoke v. Fort Lauderdale Bd. OF Adjustment & City of Fort Lauderdale, 486 So. 2d 698 (Fla. 4th DCA 1986)