ROBERT ARNDT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT ARNDT, APPELLANT,
STATE OF FLORIDA, APPELLEE
600 So. 2d 1131
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Appellee concedes that the issue in this case is controlled by Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991). Accordingly, we reverse appellant’s habitual offender sentence and remand for resentencing. As in Barnes, we certify the following question as one of great public importance:
WHETHER SECTION 775.084(l)(a)l, FLORIDA STATUTES (SUPP.1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE “PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES,” REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATELY PREVIOUS OFFENSE?
REVERSED and REMANDED for resentencing.
BOOTH, SHIVERS and WEBSTER, JJ., concur.
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Morton L. Ginsberg & MLG Props., Inc. v. Lennar Fla. Holdings, 645 So. 2d 490 (Fla. 3d DCA 1994)…l dispute negates any claim for civil theft); Gambolati v. Sarkisian, 622 So. 2d 47 (Fla. 4th DCA 1993) (claim for civil theft and conversion may not lie where relationship is contractual in nature); Gilman Yacht Sales v. First Nat. Bank of Chicago, 600 So. 2d 1131 (Fla. 4th DCA 1992) (action for civil theft or conversion will not lie in suit for breach of a brokerage contract); Kay v. Katzen, 568 So. 2d 960 (Fla. 3d DCA 1990) (action for civil theft and conversion will not lie where claim is clearly contractu…
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Nader W. Sarkis and Nazih W. Sarkis v. Pafford OIL Co., Inc., 697 So. 2d 524 (Fla. 1st DCA 1997)…aracterized as statutory torts. For example, the economic loss rule has been applied as a bar to a statutory action for civil theft. See Gambolati v. Sarkisian, 622 So. 2d 47 (Fla. 4th DCA 1993); Gilman Yacht Sales v. First National Bank of Chicago, 600 So. 2d 1131 (Fla. 4th DCA 1992). Compare Burke v. Napieracz, 674 So. 2d 756 (Fla. 1st DCA 1996) (the rule did not bar a civil theft claim because the underlying act did not arise out of a failure to perform the contract but arose from an affirmative act of thef…
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- Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991)