TONNIE TORRELL HOLMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
AFFIRMED on the authority Davis v. State, 560 So. 2d 1231 (Fla. 5th DCA), jurisdiction accepted, 568 So. 2d 435 (Fla.1990).
DAUKSCH and COBB, JJ., concur. COWART, J., dissents with opinion.
COWART, Judge,
dissenting.
The defendant on appeal claims his double jeopardy rights were violated when he was convicted of possession and sale of the exact same drug. This dissent is based on the dissent in Davis v. State, 560 So. 2d 1231 (Fla. 5th DCA 1990), jurisdiction accepted, 568 So. 2d 435 (Fla.1990). The First and the Second District Courts of Appeal have ruled contrary to Davis and have certified the matter.1
. Stenson v. State, 573 So. 2d 1022 (Fla. 2d DCA 1991); James v. State, 573 So. 2d 1025 (Fla. 2d DCA 1991); Robinson v. State, 572 So. 2d 992 (Fla. 2d DCA 1990); Gillette v. State, 571 So. 2d 600 (Fla. 2d DCA 1990); Haynes v. State, 571 So. 2d 120 (Fla. 2d DCA 1990); Robinson v. State, 571 So. 2d 120 (Fla. 2d DCA 1990); White v. State 571 So. 2d 498 (Fla. 2d DCA 1990); Lay-ton v. State, 570 So. 2d 1117 (Fla. 2d DCA 1990); Dukes v. State, 569 So. 2d 1380 (Fla. 2d DCA 1990); Gibson v. State, 565 So. 2d 402 (Fla. 1st DCA 1990), cause dism., 570 So. 2d 1306 (Fla. 1990); V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990); State v. McCloud, 559 So. 2d 1305 (Fla. 2d DCA 1990); Crisel v. State, 561 So. 2d 453 (Fla. 2d DCA 1990).
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S. Bell Tel., Inc. v. Cordell, 693 So. 2d 1012 (Fla. 3d DCA 1997)…ipal sum due Claimant for home attendant care. This was error. Interest cannot be assessed on an award for past attendant care services. Baird Mobile Home v. Smith, 579 So. 2d 929 (Fla. 1st DCA 1991); Area Refrigeration & Air Conditioning v. Glazer, 575 So. 2d 332 (Fla. 1st DCA 1991); Mount Sinai Medical Center v. Calleyro, 572 So. 2d 1025 (Fla. 1st DCA 1991); Williams v. Amax Chemical Corp., 543 So. 2d 277 (Fla. 1st DCA 1989). Additionally, this award of interest is different from that ordered by the JCC. In…
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PAN Am. Airways & Travelers Ins. Co. v. Wagner, 654 So. 2d 1177 (Fla. 1st DCA 1994)…PER CURIAM. The award of attendant care benefits is affirmed. The award of prejudgment interest on those benefits is reversed. See Baird Mobile Home v. Smith, 579 So. 2d 929 (Fla. 1st DCA 1991); Area Refrigeration & Air Conditioning v. Glazer, 575 So. 2d 332 (Fla. 1st DCA 1991); Williama v. Amax Chemical Corp., 543 So. 2d 277 (Fla. 1st DCA 1989). ALLEN, LAWRENCE and BENTON, JJ., concur.…
Authorities Cited (16 total)
- V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)
- Davis v. State, 560 So. 2d 1231 (Fla. 5th DCA 1990)
- Gillette v. State, 571 So. 2d 600 (Fla. 2d DCA 1990)
- State v. McCLOUD, 559 So. 2d 1305 (Fla. 2d DCA 1990)
- Stenson v. State, 573 So. 2d 1022 (Fla. 2d DCA 1991)
- Crisel v. State, 561 So. 2d 453 (Fla. 2d DCA 1990)
- Caribank Leasing Corp. v. Todd's Crane, Inc., 571 So. 2d 498 (Fla. 4th DCA 1990)
- Robinson v. State, 572 So. 2d 992 (Fla. 2d DCA 1990)
- James v. State, 573 So. 2d 1025 (Fla. 2d DCA 1991)
- First Fla. Bank, N.A. v. R.D.P. OF Naples, Inc., 573 So. 2d 1025 (Fla. 2d DCA 1991)