TERRY GLISPY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Baker v. Green, 732 So. 2d 6 (Fla. 4th DCA 1999)
  …e facts.” Where there is no affidavit or sworn testimony to support the issuance of an order to show cause, the failure to comply with the rule is fundamental error and a contempt order arising out of that proceeding may not stand. See Fay v. State, 608 So. 2d 589, 589 (Fla. 4th DCA 1992); Hunt v. State, 659 So. 2d 363, 364 (Fla. 1st DCA 1995); Judkins v. Ross, 658 So. 2d 658, 659 (Fla. 1st DCA 1995); Reins v. Johnson, 604 So. 2d 911, 911 (Fla. 2d DCA 1992); Starchk v. Wittenberg, 411 So. 2d 1000, 1001 (Fla.…
• Rivera v. State, 638 So. 2d 148 (Fla. 4th DCA 1994)
  …ent in prison on his original sentences. See Hampton v. State, 421 So. 2d 775 (Fla. 5th DCA 1982) (agreeing that the appellant was entitled to credit against his new sentences for time he spent in prison under the vacated sentences); Craig v. State, 608 So. 2d 589 (Fla. 4th DCA 1992) (defendant was entitled to credit for time served on the original sentence which was vacated by the appellate court). See also Howard v. State, 591 So. 2d 1067 (Fla. 4th DCA 1991) (where written order does not conform to the oral…
• Judkins v. Ross, 658 So. 2d 658 (Fla. 1st DCA 1995)
  …om discharging firearms in each other’s presence. No further facts regarding the circumstances of this violation are set forth in the written order, nor are any such findings made in the record. We therefore find reversal is required. Fay v. State, 608 So. 2d 589 (Fla. 4th DCA 1992); Gidden v. State, 613 So. 2d 457 (Fla.1993). Further, we find that reversal is required because Ross’s motion for an order to show cause was neither sworn to nor supported by an affidavit. Such an omission is fundamental error.…

Authorities Cited

• Gladfelter v. State, 604 So. 2d 929 (Fla. 4th DCA 1992)