THE STATE OF FLORIDA, APPELLANT,
v.
DEAN LIETZAU A/K/A SHAWN JACOBS, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
DEAN LIETZAU A/K/A SHAWN JACOBS, APPELLEE
651 So. 2d 1314
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The appellee concedes that the trial judge erred in entering “downward departure” sentences in three felony prosecutions without reasons therefore. Herrin v. State, 568 So. 2d 920 (Fla.1990); Barbera v. State, 505 So. 2d 413 (Fla.1987), receded on other grounds, Pope v. State, 561 So. 2d 554 (Fla.1990); State v. Fields, 602 So. 2d 981 (Fla. 3d DCA 1992). We therefore reverse the sentences under review, vacate appellant’s pleas which were entered in exchange for the reduced sentences and return this matter to the trial court for further proceedings on the original informations.
Reversed and remanded with directions.
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Nat'l Union Fire Ins. Co. of Pittsburgh, P.A. v. McWILLIAMS, 799 So. 2d 378 (Fla. 4th DCA 2001)…n to defend the case. See Apple Premium Fin. Serv. Co. v. Teachers Ins. & Annuity Ass’n of Am., 727 So. 2d 1089 (Fla. 3d DCA 1999) (default should be set aside where there were pre-suit negotiations between counsel for both sides); Sklar v. Brawley, 651 So. 2d 1314 (Fla. 3d DCA 1995) (plaintiff improperly took a default without notice after actually communicating with opposing counsel); Ole, Inc. v. Yariv By and Through Yariv, 566 So. 2d 812, 814 (Fla. 3d DCA 1990) (defendant called plaintiffs counsel and aske…1 / 2
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Apple Premium Fin. Serv. Co. v. Teachers Ins. & Annuity Ass'n OF Am. & Chase Bank of Tex. Nat'l Ass'n, 727 So. 2d 1089 (Fla. 3d DCA 1999)…by counsel who has expressed an intention to defend on the merits.’” Ole, Inc. v. Yariv, 566 So. 2d 812, 815 (Fla. 3d DCA 1990) (quoting Gulf Maintenance & Supply, Inc. v. Barnett Bank, 543 So. 2d 813, 816 (Fla. 1st DCA 1989)); see Sklar v. Brawley, 651 So. 2d 1314 (Fla. 3d DCA 1995); Rapid Credit Corp. v. Sunset Park Centre, Ltd., 566 So. 2d 810, 811 (Fla. 3d DCA 1990); Cardet v. Resolution Trust Corp., 563 So. 2d 167, 169 & n. 2 (Fla. 3d DCA 1990). Plaintiffs should have followed that procedure here. [*1091]…
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Nationsbank, N.A. v. Regency Ctrs., Inc., 725 So. 2d 439 (Fla. 4th DCA 1999)…er factor that supports setting aside the default in this ease is that Regency took a default with actual knowledge of Nationsbank intent to litigate the issue of which creditor had priority with respect to the debtor’s assets. See Sklar v. Brawley, 651 So. 2d 1314 (Fla. 3d DCA 1995); Gulf Maintenance & Supply, Inc. v. Barnett Bank of Tallahassee, 543 So. 2d 813 (Fla. 1st DCA 1989). Deference to the value of collegiality suggests that Regency’s attorney should have contacted the attorney known to be representi…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- Herrin v. State, 568 So. 2d 920 (Fla. 1990)
- State v. Fields, 602 So. 2d 981 (Fla. 3d DCA 1992)