UNION BANKERS INSURANCE COMPANY, APPELLANT,
v.
RENE FERNANDEZ, APPELLEE

Fla. 3d DCA | 1990-06-12
No. 89-2942
Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.
561 So. 2d 1363 Florida District Court of Appeal, Third District (1990)

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Synopsis

The court affirmed the conviction for burglary, robbery, and kidnapping with a firearm, but remanded for resentencing because the trial court erred in applying the sentencing guidelines.


Holding

The court affirmed the conviction but remanded for resentencing, finding no error in the exclusion of alibi evidence or the use of a former prosecutor as a rebuttal witness, but acknowledging an error in the application of sentencing guidelines.


Facts & Procedural History

The defendant was convicted of multiple firearm-related offenses and appealed, arguing errors in evidence exclusion and the use of a former prosecutor…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Columbian Nat’l Life Ins. Co. v. Lanigan, 154 Fla. 760, 19 So. 2d 67 (1944); Guaranty Life Ins. Co. v. Feigley, 120 So. 2d 804 (Fla. 3d DCA 1960); Lumbermens Mut. Casualty Co. v. Savigliano, 422 So. 2d 29 (Fla. 4th DCA 1982); §§ 626.-829, 627.639, Fla.Stat. (1989); see Wagner v. Nottingham, 464 So. 2d 166 (Fla. 3d DCA 1985), review denied, 475 So. 2d 696 (Fla.1985); University Community Hosp. v. Department of Health and Rehabilitative Servs., 472 So. 2d 756 (Fla. 2d DCA 1985), review denied, 482 So. 2d 347 (Fla.1986); Fla.R.Civ.P. 1.190.


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