UNITED COMPANIES LIFE, APPELLANT,
v.
JIM WILCOX, JR., ET AL., APPELLEES
UNITED COMPANIES LIFE, APPELLANT,
JIM WILCOX, JR., ET AL., APPELLEES
569 So. 2d 529
Florida District Court of Appeal, Fifth District (1990)
Positive Treatment
Cited by 6 cases
Opinion of the Court
GRIFFIN, Judge.
The judgment is affirmed in all respects except for the trial court’s refusal to award attorney’s fees to appellant for obtaining the deficiency judgment. The attorney’s fees provisions of both the note and the mortgage embrace the deficiency phase of the legal proceedings. Appellant is entitled to an award of reasonable fees.
AFFIRMED in part; REVERSED in part; REMANDED.
W. SHARP, and PETERSON, JJ., concur.
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Furlow v. State, 579 So. 2d 910 (Fla. 1991)…ange on the new score-sheet should not have been used ex post facto to calculate a sentence for the defendant’s offenses which occurred in 1986 prior to the amendment authorizing a permitted range which became effective July 1, 1988.1 Lape v. State, 569 So. 2d 529 (Fla. 5th DCA 1990); Washington v. State, 564 So. 2d 168 (Fla. 5th DCA 1990); Wiggins v. State, 559 So. 2d 262 (Fla. 5th DCA 1990). When the defendant is resentenced on remand he will be entitled to full credit against his sentence for proper gain…
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Vertince Green v. State, 578 So. 2d 447 (Fla. 1st DCA 1991)…sentencing concept to offenses that occurred prior to July 1, 1988, the effective date of the statute approving the rule that adopted and incorporated “permitted ranges.” [Footnote omitted]. Washington, 564 So. 2d at 169. See also Lape v. State, 569 So. 2d 529 (Fla. 5th DCA 1990); Banks v. State, 566 So. 2d 366 (Fla. 5th DCA 1990); True v. State, 564 So. 2d 1104 (Fla. 4th DCA 1990). Thus, we find that the lower court appropriately imposed 4½ year terms of incarceration within the “permitted ranges” for…
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Gould v. State, 584 So. 2d 232 (Fla. 5th DCA 1991)…hat Gould receives a total of seventeen years’ incarceration. The state relies on the sentencing guideline principle that all sentences imposed under a single scoresheet must be remanded when there is an error in the score. See, e.g., Lape v. State, 569 So. 2d 529 (Fla. 5th DCA 1990). The problem with this reliance is that a scoresheet is irrelevant when a defendant is sentenced as a habitual offender. See § 775.084(4)(e), Fla.Stat. (1989). Careful consideration must be given to the sentence imposed simultane…