STATE OF FLORIDA, APPELLANT,
v.
ANN BRANCH, APPELLEE
STATE OF FLORIDA, APPELLANT,
ANN BRANCH, APPELLEE
613 So. 2d 47
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
REVERSED on authority of State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA 1991); State v. Jenkins, 591 So. 2d 261 (4th DCA 1991).
DOWNEY, HERSEY and DELL, JJ., concur.
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Citator
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Branch v. State, 626 So. 2d 653 (Fla. 1993)…PER CURIAM. We review State v. Branch, 613 So. 2d 47 (Fla. 4th DCA 1991), in which the district court of appeal reversed a downward departure sentence on the authority of State v. Jenkins, 591 So. 2d 261 (Fla. 4th DCA 1991). Because Jenkins was pending in this Court, we accepted jurisdiction of the in…
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McMONIGLE v. McMONIGLE, 932 So. 2d 369 (Fla. 2d DCA 2006)…g a total lack of justiciable issue of fact. Because we conclude there was a justicia-ble issue of fact, fees should not have been awarded under section 57.105. Furthermore, we find the facts of this case to be similar to those in O’Brien v. Sarka, 613 So. 2d 47 (Fla. 2d DCA 1993). In O’Brien, Sarka, who was serving as the guardian of the deceased at the time of the deceased’s death, filed an independent action against the estate to collect guardianship fees allegedly owed by the estate. O’Brien was a benef…
Authorities Cited
- State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA 1991)
- State v. Smiley, 591 So. 2d 261 (Fla. 4th DCA 1991)