FLORENCE MURPHY, APPELLANT,

v.

JAMES B. O'MALLEY, INDIVIDUALLY AND AS AN OFFICER AND DIRECTOR OF TEL-TECH DEVICES, INC., A FLORIDA CORPORATION, WILLARD DOVER, P.A., A FLORIDA PROFESSIONAL SERVICES CORPORATION, AND WILLARD DOVER, ESQUIRE, APPELLEES

Citator

Cited By

• State v. Ransom Louis Collins, 985 So. 2d 985 (Fla. 2008)
  …. State, 561 So. 2d 554, 556 (Fla.1990) (“[WJhen an appellate court reverses a departure sentence because there were no written reasons, the court must remand for resentencing with no possibility of departure from the guidelines.”); Patten v. State, 531 So. 2d 203, 205 (Fla. 2d DCA 1988) (interpreting Shull to prohibit enunciation of new reasons for a departure sentence after the original reasons given have been reversed on appeal). Collins argues that the situation here is similar to departure sentencing. A…
• Burkett v. State, 731 So. 2d 695 (Fla. 2d DCA 1998)
  …ant to an upward departure, the State again concedes error, and we agree. The trial court was directed by this court to resentence appellant within the guidelines but, instead, imposed another departure sentence. This was error. See Patten v. State, 531 So. 2d 203 (Fla. 2d DCA 1988). For this error, also, appellant must be resentenced. Third, appellant argues that the court erred in declaring him to be a sexual predator. It is appellant’s position that, due to the timing of his offenses, the Sexual Predator…
• State v. Sanders, 728 So. 2d 777 (Fla. 2d DCA 1999)
  …ple appeals. Thus, we hold that a trial court may not enunciate new reasons for a departure sentence after the reasons given for the original departure sentence have been reversed by an appellate court. This court followed Shull in Patten v. State, 531 So. 2d 203 (Fla. 2d DCA 1988), concluding that a trial court, after a reversal by this court for an invalid departure sentence, was prohibited from providing any new reasons to exceed the original recommended sentence. Therefore, it is very important that the…

Authorities Cited

• Orlando Orange Groves Co. v. Hale, 119 Fla. 159 (Fla. 1935)
• Goulden v. Manreka Corp., 119 Fla. 248 (Fla. 1935)
• Greenspun v. DEL E. Webb Corp., 634 F.2d 1204 (9th Cir. 1980)
• Belcher v. Irwin Edward Schilling, 309 So. 2d 32 (Fla. 3d DCA 1975)