MARK DACOSTA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARK DACOSTA, APPELLANT,
STATE OF FLORIDA, APPELLEE
625 So. 2d 1317
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse Appellant’s sentence as to count III, which the state correctly concedes must be amended to reflect a misdemeanor conviction for simple assault.
We affirm Appellant’s sentence as a habitual offender, under count I, notwithstanding the court’s failure to make the requisite statutory findings, under section 775.041(l)(a)l. and 2., Florida Statutes (1991), which the record reflects was harmless error. Herrington v. State, 622 So. 2d 1339, (Fla. 4th DCA 1993) (en banc). We certify to the supreme court the same question certified in Herrington.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR MODIFICATION OF SENTENCE.
DELL, C.J., and STONE and WARNER, JJ., concur.
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Weatherby Assocs., Inc. v. Ballack, 783 So. 2d 1138 (Fla. 4th DCA 2001)…g tantamount to a finding that the action is frivolous or completely untenable. Muckenfuss v. Deltona Corp., 508 So. 2d 340, 341 (Fla.1987); Berman & Feldman v. Winn Dixie, Inc., 684 So. 2d 320, 322-23 (Fla. 4th DCA 1996); Sykes v. St. Andrews Sch., 625 So. 2d 1317 (Fla. 4th DCA 1993). The trial court’s finding must be based upon substantial competent evidence presented to the court at the hearing on attorney’s fees or otherwise before the court and in the trial court record. Strothman v. Henderson Mental Heal…
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Procacci Commercial Realty, Inc. v. Dep't OF Health & Rehabilitative Servs., 690 So. 2d 603 (Fla. 1st DCA 1997)…ion 57.105, Florida Statutes (1995), which is mandatory. "We remind trial judges and the bar that our legislature said in section 57.105 that courts ‘shall’ assess attorney’s fees for the bringing of frivolous litigation.” Sykes v. St. Andrews Sch., 625 So. 2d 1317, 1319 (Fla. 4th DCA 1993)(appel-late attorney's fees awarded where party did not abandon appeal after supreme court resolved sole justiciable issue). Where a suit is "completely devoid of a justiciable issue of either law or fact ... the statute's m…
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DaCOSTA v. State, 647 So. 2d 818 (Fla. 1994)…HARDING, Justice. We have for review DaCosta v. State, 625 So. 2d 1317 (Fla.4th DCA 1993), in which the district court certified the same question it certified in Herrington v. State: WHETHER A TRIAL COURT’S FAILURE TO MAKE THE REQUISITE STATUTORY FINDINGS UNDER SECTION 775.084(l)(a)l AND 2 IS SUBJECT TO THE SAME HARM…
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- Herrington v. State, 622 So. 2d 1339 (Fla. 4th DCA 1993)