ROBERT L. COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT L. COOK, APPELLANT,
STATE OF FLORIDA, APPELLEE
582 So. 2d 159
Florida District Court of Appeal, Fourth District (1991)
Negative Treatment
Cited by 30 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. Although we recognize that the Second District has made a compelling case for the contrary position in Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991), we are obliged to follow our own precedent. See Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990). Nevertheless we certify the question as one of great public importance:
DO FLORIDA’S UNIFORM SENTENCING GUIDELINES REQUIRE THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT?
GLICKSTEIN, C.J., ANSTEAD, J., and WALDEN, JAMES H„ Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Indymac Fed. Bank FSB v. Hagan, 104 So. 3d 1232 (Fla. 3d DCA 2012)…o assure all parties and bidders to the sale that there is no irregularity at the auction or any collusive bidding, etc.” Emanuel v. Bankers Trust Co., N.A., 655 So. 2d 247, 250 (Fla. 3d DCA 1995) (emphasis added); see also CCC Props., Inc. v. Kane, 582 So. 2d 159, 161 (Fla. 4th DCA 1991) (noting that “the statute’s provision for filing objections refers to the objections to the conduct of the sale as provided by the judgment and/or the statute”) (emphasis added). Thus, it is well settled that “[i]n order to…
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Indian River Farms v. YBF P'rs, 777 So. 2d 1096 (Fla. 4th DCA 2001)…able right of the mortgagor to reclaim his estate in foreclosed property after it has been forfeited, at law, by paying the amount of the debt, interest and costs.. See Saidi v. Wasko, 687 So. 2d 10, 11 (Fla. 5th DCA 1996); CCC Props., Inc. v. Kane, 582 So. 2d 159 (Fla. 4th DCA 1991). Section 45.0315, Florida Statutes (1995), governs the right of redemption and provides as follows: At any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgm…
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Beauchamp v. The Bank OF NEW York, 150 So. 3d 827 (Fla. 4th DCA 2014)…oreclose his ownership rights by a judicial sale. As the mortgagor, Beauchamp has a right of redemption wherein he may prevent divestiture of his legal title upon payment of the amount of the debt specified in the judgment. CCC Props., Inc. v. Kane, 582 So. 2d 159, 161 (Fla. 4th DCA 1991); § 45.0315, Fla. Stat. (2013).1 Therefore, even though Beau-champ is not personally liable for the debt, the amount of the debt owed is important as it relates to Beauchamp’s right of redemption, specifically as to the amoun…
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- Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991)
- Fla. Perfections, Inc. v. J & D Fin. Corp., 571 So. 2d 520 (Fla. 3d DCA 1990)
- Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990)