JOE PADGETT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-12-19
No. 89-1407
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
553 So. 2d 774 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Based on a probation violation, the trial judge imposed a departure sentence greater than a one cell upward increase beyond that prescribed by the guidelines. As the state concedes, this was erroneous. Ree v. State (Fla. Case no. 71,424, opinion filed, November 16, 1989) [14 FLW 565]; Lambert v. State, 545 So. 2d 838 (Fla.1989); Perez v. State, 554 So. 2d 14 (Fla.3d DCA 1989). Accordingly, the sentence under review is reversed with directions to resen-tence the defendant, pursuant to Florida Rule of Criminal Procedure 3.701 d 14, to no more than one cell above that otherwise provided by the sentencing guidelines.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Witt v. Witt, 568 So. 2d 539 (Fla. 4th DCA 1990)
    …rt specifically retained jurisdiction to rule on enforcement actions. Appellee brought such an enforcement action, but lost due to the fact the refund check was not subject to the retained jurisdiction of the trial court. See Steinfeld v. Steinfeld, 553 So. 2d 774 (Fla. 4th DCA 1989) (retained jurisdiction of trial court does not include property not specifically addressed in the settlement agreement or final judgment). It is clear appellant prevailed in the action given that appellee failed to obtain a favor…
  • Cralle v. Cralle, 848 So. 2d 1195 (Fla. 4th DCA 2003)
    …ple’s 1988 and 1992 federal income tax liability. The trial court entered a final judgment in favor of the former husband. The 1994 marital settlement agreement did not preclude the former husband from bringing the action. In Steinfeld v. Steinfeld, 553 So. 2d 774 (Fla. 4th DCA 1989), we held that an action separate from the dissolution of marriage was the proper procedural vehicle to have the court determine entitlement to the proceeds of a tax refund check payable to the husband and wife jointly, where neit…
  • Mueller v. Kamenesh, 864 So. 2d 38 (Fla. 3d DCA 2003)
    …l court lacked subject matter — more accurately, "case” — jurisdiction over the deposit dispute, see and compare Davis v. Dieujuste, 496 So. 2d 806 (Fla.1986); Garcia-Roque v. Roque-Velasco, 855 So. 2d 668 (Fla. 3d DCA 2003); Steinfeld v. Steinfeld, 553 So. 2d 774 (Fla. 4th DCA 1989); Brandt v. Brandt, 525 So. 2d 1017 (Fla. 4th DCA 1988), falls with our determination that the sum is included within the terms of the agreement and judgment and was therefore subject to the usual reservation of jurisdiction in th…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw