MACK INDUSTRIES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
RICHARD P. WILLE, SHERIFF OF PALM BEACH COUNTY, FLORIDA, APPELLEE

Fla. 4th DCA | 1990-07-11
No. 89-2584
HERSEY, C.J., and OWEN, WILLIAM C., Jr., Associate Judge, concur., WARNER, J., concurs specially with opinion.
563 So. 2d 836 Florida District Court of Appeal, Fourth District (1990) Negative Treatment
Cited by 2 cases
Topics
Chain Of Title Judgment Lien Prima Facie Showing Writ Of Mandamus

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Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and OWEN, WILLIAM C., Jr., Associate Judge, concur. WARNER, J., concurs specially with opinion.

Concurrence
WARNER, Judge,

WARNER, Judge,

concurring specially.

My concurrence in an affirmance in this case is not a rejection of the procedure for procuring a writ of mandamus to compel a sheriff to levy on property as was done in State ex rel. Eppes v. Lehman, 109 Fla. 331, 147 So. 907 (1933). Instead, it appears from the allegations and attachments to the complaint that appellant did not make a prima facie showing of entitlement to the alternative writ as provided in Florida Rule of Civil Procedure 1.630. The chain of title was not set forth, and all the trial court had were two deeds to the same property but executed by two different grantors to two different grantees. It would seem to me that at the very least the appellant should have set forth the complete chain of title to show that the present title holders of the property acquired the property through the judgment debtor so as to make a prima facie showing that the property in question was subject to a prior recorded judgment lien against their predecessor in title.

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  • Triplett v. State, 709 So. 2d 107 (Fla. 5th DCA 1998)
    …a criminal defendant actually pled, even though several crimes (or greater crimes) were committed as part of the criminal episode. See Hebert v. State, 600 So. 2d 1293, 1294 (Fla. 1st DCA 1992), approved, 614 So. 2d 493 (Fla.1993); L.A.R. v. State, 563 So. 2d 836 (Fla. 5th DCA 1990). The companion amendment adding subsection (b)2 to the same statute supports this interpretation. The correct test for restitution is whether “but for” the criminal episode, the damages would have been incurred by the victim. Gl…
  • Hebert v. State, 600 So. 2d 1293 (Fla. 1st DCA 1992)
    …der (that was admittedly based on evidence establishing a value of the items the defendant was charged with stealing as being well in excess of $300) with instructions to limit restitution for the property stolen to $300. See, also, L.A.R. v. State, 563 So. 2d 836 (Fla. 5th DCA 1990). The result reached by the Fifth District in Peralta is facially logical and legally pristine, but, upon deeper consideration of the issue, we must disagree with its approach in situations involving a plea agreement which does n…

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