STATE OF FLORIDA, APPELLANT,
v.
TERRANCE ROGERS, APPELLEE
PER CURIAM.
We reverse the sentence and remand for resentencing because in sentencing appellee the trial court relied on the guidelines in effect at the time of the sentence as opposed to those in effect at the time of the commission of the crime. State v. Williams, 546 So. 2d 809 (Fla. 4th DCA 1989).
We reject appellant’s challenge to the constitutionality of the statute under which he was convicted because he did not raise it in the trial court when he pled no contest and did not raise the issue below. Furthermore, the constitutionality of the statute has been upheld. State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989).
ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
-
HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 661 So. 2d 1221 (Fla. 3d DCA 1995)…n adverse final judgment. We affirm. First, we find that the trial court properly ruled that the plaintiffs’ cause of action for fraud in the inducement was an independent tort that was not barred by the economic loss rule. Burton v. Linotype Co., 556 So. 2d 1126, 1128 (Fla. 3d DCA 1989), review denied, 564 So. 2d 1086 (Fla.1990) (“Fraud in the inducement and deceit are independent torts for which compensatory and punitive damages may be recovered.”). Second, the defendants contend that the trial court err…
-
C & J Sapp Publ'g Co. v. Tandy Corp. & First Leasing & Funding of Fla., 585 So. 2d 290 (Fla. 2d DCA 1991)…pellant seeks general relief on this claim, and not specific dollar amounts, it would be premature to preclude proof of differentiated damages and a summary judgment on this basis is improper at this stage of the proceedings. Burton v. Linotype Co., 556 So. 2d 1126 (Fla. 3d DCA 1989). Tandy’s motion for summary judgment also alleged that there was no representation relied upon by Sapp and, therefore, there was no disputed issue of material fact. We disagree with Tandy’s position in this regard. In order to re…
-
Monco Enters., Inc. v. Ziebart Corp., 673 So. 2d 491 (Fla. 1st DCA 1996)…6 (Fla. 4th DCA 1996) (holding that fraud in the inducement claim for economic losses is independent tort not barred by economic loss rule); HTP, Ltd. v. Lineas Aereas Costarricenses, 661 So. 2d 1221, 1222 (Fla. 3d DCA 1995); Burton v. Linotype Co., 556 So. 2d 1126 (Fla. 3d DCA 1990). To the extent this opinion conflicts with the Second District Court of Appeal’s decision in Wood-son v. Martin, 663 So. 2d 1327 (Fla. 2d DCA 1995), we certify that conflict to the supreme court. See TGI Development, Inc., 665 So.…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989)
- Blands v. State, 546 So. 2d 809 (Fla. 4th DCA 1989)
- State v. Ira Williams, 546 So. 2d 809 (Fla. 4th DCA 1989)