RALPH FRAME, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-02-21
No. 87-1670
Before NESBITT, FERGUSON and COPE, JJ.
538 So. 2d 550 Florida District Court of Appeal, Third District (1989) Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appeal from the judgment and sentence is affirmed. The case is remanded to the trial court, however, with instructions to correct the formal judgment to conform to the plea colloquy and written plea agreement. The conviction under count III should be for simple battery, a first-degree misdemeanor, instead of aggravated battery as shown in the judgment.

Affirmed and remanded with instructions.

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  • Rubio v. State Farm Fire & Cas. Co. & Michele Vincent-Belizaire, 662 So. 2d 956 (Fla. 3d DCA 1995)
    …rance contract case. The court stated: Although we have held under similar circumstances that a writ of certiorari lies to quash such a trial court order and to require the abatement of the bad faith claim, see Independent Fire Ins. Co. v. Lugassy, 538 So. 2d 550 (Fla. 3d DCA 1989); Colonial Penn Ins. Co. v. Mayor, 538 So. 2d 100 (Fla. 3d DCA 1989); Allstate Ins. Co. v. Lovell, 530 So. 2d 1106 (Fla. 3d DCA 1988), one of our primary bases for so holding was that such a failure to abate would otherwise result…
  • Royal Ins. Co. OF Am. v. Zayas Men's Shop, Inc., 551 So. 2d 553 (Fla. 3d DCA 1989)
    …he petition for a writ of certiorari. Although we have held under similar circumstances that a writ of certiorari lies to quash such a trial court order and to require the abatement of the bad-faith claim, see Independent Fire Ins. Co. v. Lugassy, 538 So. 2d 550 (Fla. 3d DCA 1989); Colonial Penn Ins. Co. v. Mayor, 538 So. 2d 100 (Fla. 3d DCA 1989); Allstate Ins. Co. v. Lovell, 530 So. 2d 1106 (Fla. 3d DCA 1988); one of our primary bases for so holding was that such a failure to abate would otherwise result…
  • Blanchard v. State Farm Mut. Auto. Ins. Co., 903 F.2d 1398 (11th Cir. 1990)
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