LEBERT BATTEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEBERT BATTEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
589 So. 2d 1030
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
We affirm the revocation of appellant’s probation and the sentence subsequently imposed. However, we remand the case to the trial court for entry of a written order listing the specific conditions of probation appellant was found to have violated. Coley v. State, 479 So. 2d 277 (Fla. 2d DCA 1985). Appellant’s judgments and sentences are affirmed in all other respects.
Affirmed, but remanded.
RYDER, A.C.J., and LEHAN and PARKER, JJ., concur.
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Seminole Tribe OF Florida v. McCOR, 903 So. 2d 353 (Fla. 2d DCA 2005)…ues of fact relating to ... jurisdiction over the subject matter”). Challenges to subject matter jurisdiction raised by Indian tribes asserting tribal immunity have regularly been made by way of motions to dismiss. See Seminole Tribe v. Houghtaling, 589 So. 2d 1030, 1031 (Fla. 2d DCA 1991); Seminole Police Dep’t v. Casadella, 478 So. 2d 470, 471 (Fla. 4th DCA 1985). We therefore conclude that it was proper for the trial court to consider the Tribe’s motion to dismiss with the accompanying affidavits and not ap…1 / 2
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McCLOUD v. State, 653 So. 2d 453 (Fla. 3d DCA 1995)…s added); accord Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct. 1756, 1761-62, 36 L.Ed.2d 656, 664 (1973); Hines v. State, 358 So. 2d 183, 185 & n. 3 (Fla.1978); Bernhardt v. State, 288 So. 2d 490, 498-99 (Fla.1974). See generally Batten v. State, 589 So. 2d 1030 (Fla. 2d DCA 1991); Brewer v. State, 583 So. 2d 814 (Fla. 1st DCA 1991); Donley v. State, 557 So. 2d 943, 945 (Fla. 2d DCA 1990). In accordance with Black v. Romano, we remand this case for entry of the required written statement. If, after entry o…
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Turner v. Hubrich, 656 So. 2d 970 (Fla. 5th DCA 1995)…y of Hialeah v. Fernandez, 18 Fla.L.Weekly D1222-So. 2d-[1993 WL 152187] (Fla. 3d DCA May 11, 1993); Tucker v. Resha, 610 So. 2d 460 (Fla. 1st DCA 1992), quashed on other grounds, 648 So. 2d 1187 (Fla.1994); Seminole Tribe of Florida v. Houghtaling, 589 So. 2d 1030 (Fla. 2d DCA 1991), approved, 611 So. 2d 1235 (Fla.1993). Section 766.316, Florida Statutes (1993) provides: Each hospital with a participating physician on its staff and each participating physician ... under the Florida Birth-Related Neurologica…
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- Alton H. Coley v. State, 479 So. 2d 277 (Fla. 2d DCA 1985)