NELSON CHENG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
NELSON CHENG, APPELLANT,
STATE OF FLORIDA, APPELLEE
595 So. 2d 1098
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Considering the issues before us in the light of the fact that none were preserved below, see Trushin v. State, 425 So. 2d 1126 (Fla.1982), we conclude that section 784.-045(l)(b), Florida Statutes (1989), which provides that simple battery upon a pregnant woman is aggravated battery, is not facially invalid, see State v. Nelson, 577 So. 2d 971 (Fla. 4th DCA 1991) (upholding section 784.08(2), which so provides as to persons over 65), and that fundamental error does not otherwise appear. AFFIRMED.
LETTS, WARNER, JJ., and SCHWARTZ, ALAN R., Associate Judge, concur.
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Snedaker v. Snedaker, 660 So. 2d 1070 (Fla. 4th DCA 1995)…The issue raised is whether the lower court properly resolved the battery claim in the context of a dissolution proceeding. We find there is nothing improper in pleading a battery claim as a separate count in a dissolution action. See Hahn v. Hahn, 595 So. 2d 1098 (Fla. 4th DCA 1992) (Wife’s claim for battery was viable in a dissolution proceeding); In re Jaquis, 131 B.R. 1004 (Bkrtcy.M.D.Fla.1991) (Spouse’s claim for infliction of genital herpes allowed in a dissolution proceeding). Moreover, we note that in…
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Gilliard v. Gilliard, 162 So. 3d 1147 (Fla. 5th DCA 2015)…asset, included in its distribution of the parties’ marital assets. Former Husband’s future retirement benefits should not be considered a source of present income; rather, it should be considered in the division of marital assets. See Hahn v. Hahn, 595 So. 2d 1098, 1099 (Fla. 4th DCA 1992). The trial court also erred by not making specific findings in its judgment as to all of the factors set forth in section 61.08(2), Florida Statutes. The court stated that it considered all the factors outlined in section…
Authorities Cited
- Trushin v. State, 425 So. 2d 1126 (Fla. 1982)
- State v. Nelson, 577 So. 2d 971 (Fla. 4th DCA 1991)