GILBERT DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GILBERT DAVIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
546 So. 2d 1091
Florida District Court of Appeal, Second District (1989)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Appellant Gilbert Davis was convicted of trafficking in and possession of cocaine as the result of a single drug transaction involving a single, undivided quantity of cocaine. Accordingly, the judgment and sentence for possession of cocaine should be set aside. Carawan v. State, 515 So. 2d 161 (Fla.1987); Etlinger v. State, 538 So. 2d 1354 (Fla. 2d DCA 1989); Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988). The judgment and sentence for trafficking is affirmed.
Affirmed in part, reversed in part, and remanded with instructions.
LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.
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Gardens Country Club, Inc. v. Palm Beach Cnty., 712 So. 2d 398 (Fla. 4th DCA 1998)…ausible, arguably legitimate purpose” for the actions of the county in passing Ordinance 89-10, the rational basis test is met, and summary judgment is appropriate. See Restigouche, 59 F. 3d at 1214. We distinguish City of Margate v. Amoco Oil Co., 546 So. 2d 1091, 1094 (Fla. 4th DCA 1989), in which we held that a governmental agency acts arbitrarily when it avoids its duty by unreasonably delaying a matter so as to effectuate a change in the law adverse to the applicant. In that case, the landowner had appli…
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Town OF Lauderdale-By-The-Sea v. Meretsky, 773 So. 2d 1245 (Fla. 4th DCA 2000)…be equitably estopped to enforce a change in zoning regulations against one who has substantially altered his or her position in rebanee on the original regulation and a building permit issued thereunder. See, e.g., City of Margate v. Amoco Oil Co., 546 So. 2d 1091 (Fla. 4th DCA 1989). However, when there is no authority to grant the building permit, the governmental entity cannot be estopped from revoking the permit. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998); Metropolitan Dade County v.…
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Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988)
- Etlinger v. State, 538 So. 2d 1354 (Fla. 2d DCA 1989)