DIANNE E. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DIANNE E. JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
533 So. 2d 917
Florida District Court of Appeal, Second District (1988)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
The trial judge departed from the recommended guideline range in this case without entering a written departure order. As conceded by the appellee, this was reversible error. State v. Jackson, 478 So. 2d 1054 (Fla.1985).
Therefore, the sentence herein is set aside and the matter remanded for resentencing. Any departure from the guidelines must be based on proper reasons and must be stated in writing.
RYDER, A.C.J., and DANAHY and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Marie-Anne Nicole Grivet Johnson v. Johnson, 602 So. 2d 1348 (Fla. 2d DCA 1992)…l settled that a spouse’s entitlement to pension or retirement benefits must be considered a marital asset for purposes of equitably distributing marital property. Diffenderfer v. Diffenderfer, 491 So. 2d 265 (Fla.1986). See also Hatcher v. Hatcher, 533 So. 2d 917 (Fla. 2d DCA 1988). In this case, neither party contends that the court did not consider Mr. Johnson’s pension a marital asset. They disagree, however, with how this asset was treated. Once a pension, or other type of retirement benefit, is conside…
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McREYNOLDS v. McREYNOLDS, 546 So. 2d 1153 (Fla. 2d DCA 1989)…It is well settled that a spouse’s entitlement to pension or retirement benefits must be considered a marital asset for purposes of equitably distributing marital property. Diffenderfer v. Diffenderfer, 491 So. 2d 265 (Fla.1986); Hatcher v. Hatcher, 533 So. 2d 917 (Fla. 2d DCA 1988). See also Smith v. Smith, 537 So. 2d 1021 (Fla. 3d DCA 1989); Tripp v. Tripp, 510 So. 2d 1109 (Fla. 4th DCA 1987); Howerton v. Howerton, 491 So. 2d 614 (Fla. 5th DCA 1986). The trial court, accordingly, erred in finding that the h…
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Morrill v. Morrill, 578 So. 2d 53 (Fla. 2d DCA 1991)…der should the wife encounter any administrative problem in the transfer. Contrary [*54] to the wife’s contention, we find no abuse of the trial court’s discretion in so distributing the only remaining marital asset of any value. Hatcher v. Hatcher, 533 So. 2d 917 (Fla. 2d DCA 1988). In addition to the one-third interest in the husband’s retirement fund, the trial court awarded the wife $500 per month permanent alimony and $500 per month rehabilitative alimony for two years with leave to apply for an extensi…
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- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)