FABIAN MONTERO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FABIAN MONTERO, APPELLANT,
STATE OF FLORIDA, APPELLEE
631 So. 2d 369
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction but, based upon the state’s express concession, remand for purposes of deleting any provisions restricting appellant’s entitlement to gain time. We reject appellant’s claim that the trial court’s order did not contemplate that appellant receive credit for his jail term against his community control sentence.
DELL, C.J., and ANSTEAD and KLEIN, JJ., concur.
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Grunewald v. Warren, 655 So. 2d 1227 (Fla. 1st DCA 1995)…ould have been properly dismissed. Separate and distinct claims, even against the same defendant, cannot be aggregated in order to meet the jurisdictional threshold, Walker v. Smith, 119 Fla. 430, 161 So. 551 (1935); Batts v. Florida Dep’t of Educ., 631 So. 2d 369 (Fla. 4th DCA 1994), at least absent a class action. See Galen of Florida, Inc. v. Arscott, 629 So. 2d 856 (Fla. 5th DCA 1993). Dismissal was not proper here, however, because it does not clearly appear that the proceeds of the bankruptcy sale amoun…
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Ilana Ben-David v. The Educ. Res. Inst., Inc., 974 So. 2d 1138 (Fla. 3d DCA 2008)…such demands, being separate and unrelated and within the jurisdiction of a lower court, may not be joined or aggregated to make up the amount to give jurisdiction to a superior court. [*1140] Burkhart, 98 So. at 142; accord Batts v. Dep’t of Educ., 631 So. 2d 369 (Fla. 4th DCA 1994) (four separate promissory notes could not be aggregated to meet jurisdictional requirement of circuit court). In this matter, TERI sought recovery for three separate notes executed on different dates for varying durations and pu…
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