CARLOS HERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1994-09-21
No. 94-742
Before HUBBART, BASKIN and GREEN, JJ.
642 So. 2d 148 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm but modify the judgment of conviction under count III to reflect that appellant was convicted of resisting arrest without violence, the lesser-included offense.


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  • Torres v. Gomez, 683 So. 2d 190 (Fla. 3d DCA 1996)
    …enry Blanton, Inc., 382 So. 2d 863 (Fla. 2d DCA 1980). Thus, we reverse and remand for an evidentiary hearing to determine whether good cause exists to defeat dismissal of this action. See Lakeside Regent, Inc. v. Cohen, Scherer & Cohn, P.A., [*191] 642 So. 2d 148 (Fla. 4th DCA 1994); Bruns v. Jones, 481 So. 2d 544 (Fla. 5th DCA 1986). Reversed and remanded with instructions.…
  • Jean-Henriquez Librun v. J.C. Griffis, 808 So. 2d 288 (Fla. 1st DCA 2002)
    …es v. Gomez, 683 So. 2d 190 (Fla. 3d DCA 1996) (holding evidentiary hearing required to determine whether nonrecord activity constituted good cause to prevent dismissal for failure to prosecute); Lakeside Regent, Inc. v. Cohen, Scherer & Cohn, P.A., 642 So. 2d 148 (Fla. 4th DCA 1994) (holding evidentiary hearing required to determine whether, under disputed facts, good cause existed to prevent dismissal for failure to prosecute). In my judgment, the unusual facts asserted by Appellant and supported by the re…

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