IRIS E. BUCHMAN, CLAIRE FISHBEIN AND THE FISHBEIN FOUNDATION, INC., PETITIONERS,

v.

LAWRENCE J. FISHBEIN, A/K/A LARRY FISHBEIN AND DEBORAH C. FISHBEIN, HIS WIFE, RESPONDENTS

Citator

Cited By

• Tobias Barfield v. State, 564 So. 2d 616 (Fla. 4th DCA 1990)
  …2d 707 (Fla. 4th DCA 1989), upheld an upward departure “where only ‘a short period of time’ ha[d] transpired between the crime at issue and release from incarceration for some other transgression.” Id. at 707 (emphasis added); citing, Lee v. State, 537 So. 2d 704 (Fla. 1st DCA 1989) (other citations omitted). We note that only ninety days separated appellant’s prison release and his new crime for the same transgression. Our supreme court in State v. Jones, 530 So. 2d 53, 55 (Fla.1988), held that the temporal…
• Mauney v. State, 553 So. 2d 707 (Fla. 4th DCA 1989)
  …. We affirm. There are several cases standing for the proposition that departure is justified where only “a short period of time” has transpired between the crime at issue arid release from incarceration for some other transgression. Lee v. State, 537 So. 2d 704 (Fla. 1st DCA 1989); see also Williams v. State, 484 So. 2d 71 (Fla. 1st DCA 1986), affirmed, 504 So. 2d 392 (Fla.1987). It is true that in Lovett v. State, 536 So. 2d 1087 (Fla. 4th DCA 1988), we found hearsay testimony, as to a prior record, insuf…
• 305 Developers, LLC v. Buchalter, 932 So. 2d 228 (Fla. 4th DCA 2005)
  …PER CURIAM. We grant the petition for writ of certio-rari and quash the order granting the motion to dissolve lis pendens. Buchman v. Fishbein, 537 So. 2d 704 (Fla. 4th DCA 1989); Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 458 So. 2d 45 (Fla.2d DCA 1984). We remand to the trial court to hear the issue of notice and opportunity to be heard on the motion to dissolve, and if applicable, the i…

Authorities Cited

• Cacaro v. Swan, 394 So. 2d 538 (Fla. 4th DCA 1981)
• Hallmark Builders, Inc. v. Hickory Lakes OF Brandon, Inc., 458 So. 2d 45 (Fla. 2d DCA 1984)