JUAN DEARMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JUAN DEARMAS, APPELLANT,
STATE OF FLORIDA, APPELLEE
530 So. 2d 495
Florida District Court of Appeal, Second District (1988)
Positive Treatment
Cited by 14 cases
Opinion of the Court
HALL, Judge.
Juan DeArmas appeals from his judgment and sentence for trafficking in cocaine, conspiracy to traffic in cocaine, and possession of cocaine.
We find no merit in the appellant’s arguments on appeal, except for his argument that he was erroneously convicted of and sentenced for possession of cocaine since he was not charged with that offense.
Accordingly, we affirm the judgment and sentences for trafficking in cocaine and conspiracy to traffic in cocaine, but vacate the appellant’s sentence for possession of cocaine and remand for correction of the judgment.
SCHEB, A.C.J., and THREADGILL, J., concur.
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Raoul Vienneau v. Metro. Life Ins. Co., 548 So. 2d 856 (Fla. 4th DCA 1989)…e applicable substantive law. [*859] Kutner v. Kalish, 173 So. 2d 763, 765 (Fla. 3d DCA), cert. denied, 183 So. 2d 210 (Fla.1965). See also City of Gainesville Code Enforcement Board v. Lewis, 536 So. 2d 1148 (Fla. 1st DCA 1988); Thompson v. Martin, 530 So. 2d 495 (Fla. 2d DCA 1988). Florida has long adhered to the rule that an employment contract which does not provide for a definite term of employment is terminable at the will of either party without cause. Grappone v. City of Miami Beach, 495 So. 2d 838 (…
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Imogene Fern Cook v. The Sheriff OF Collier Cnty., 573 So. 2d 406 (Fla. 2d DCA 1991)…ss for failure to state a cause of action is not a substitute for a motion for summary judgment, and in ruling on such a motion we are confined to a consideration of the allegations found within the four corners of the complaint. Thompson v. Martin, 530 So. 2d 495 (Fla. 2d DCA 1988). Furthermore, all material allegations of the complaint are taken as true, and the court is not permitted to speculate as to whether the allegations will ultimately be proven. Maciejewski v. Holland, 441 So. 2d 703 (Fla. 2d DCA 19…
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C & J Sapp Publ'g Co. v. Tandy Corp. & First Leasing & Funding of Fla., 585 So. 2d 290 (Fla. 2d DCA 1991)…meets the requirements of this rule, we must strictly confine ourselves to the four corners of the complaint. We must also assume that all of the facts alleged are true and draw all reasonable inferences in favor of the pleader. Thompson v. Martin, 530 So. 2d 495 (Fla. 2d DCA 1988). In order to state a cause of action for fraud, a complaint must allege: (1) a false statement concerning a material fact; (2) knowledge by the person making the statement that the representation is false; (3) intent by the perso…
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