SANTO J. PANIELLO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF AUGUST C. PANIELLO, DECEASED, APPELLANT,

v.

OAKLEY G. SMITH, INDIVIDUALLY AS TRUSTEE, AS PRESIDENT OF BRUSA CORPORATION, AND AS OFFICER AND DIRECTOR OF PALM SPRINGS GENERAL HOSPITAL, INC.; BRUSA CORPORATION, A FLORIDA CORPORATION; PATRICIA SMITH, INDIVIDUALLY, AND AS OFFICER AND DIRECTOR OF PALM SPRINGS GENERAL HOSPITAL; AND PALM SPRINGS GENERAL HOSPITAL, INC. A FLORIDA CORPORATION. APPELLEES

Citator

Cited By

• Genorval Slay v. Singletary, 676 So. 2d 456 (Fla. 1st DCA 1996)
  …ng court must do more in order to effect a full award of Green credit, we recede from those opinions. Although appellee suggests that this conclusion conflicts with the decisions in Byers v. State, 652 So. 2d 1221 (Fla. 2d DCA 1995), Yourn v. State, 652 So. 2d 1228 (Fla. 2d DCA 1995), and Bacon v. State, 647 So. 2d 332 (Fla. 5th DCA 1994), we decline to so conclude, as none of those cases expressly appear to involve situations in which the sentencing court utilized the standard credit award language set forth…
• Adekunle v. State, 916 So. 2d 950 (Fla. 4th DCA 2005)
  …osed before placing the probationer on probation.” § 948.06(1), Fla. Stat. (1997) (emphasis added). The 1998 offenses could not have been included in the scoresheet used in sentencing Ade-kunle on the 1997 set of cases. We agree with Yourn v. State, 652 So. 2d 1228 (Fla. 2d DCA 1995), where the second district explained that where a defendant was being sentenced following revocation of six terms of probation the court “must look to the scoresheet used when the defendant was sentenced for each particular offens…
• Tyner v. State, 148 So. 3d 519 (Fla. 2d DCA 2014)
  …original score-sheet used at the time the defendant was placed on probation.” Adekunle v. State, 916 So. 2d 950, 952 (Fla. 4th DCA 2005), receded, from on other grounds, Moses v. State, 13 So. 3d 490, 491-92 (Fla. 4th DCA 2009); see Yourn v. State, 652 So. 2d 1228, 1230 (Fla. 2d DCA 1995) (“Yourn was sentenced on the grand theft charge in 1989, therefore, the 1989 scoresheet was the appropriate one for the court to use when sentencing him for violation of probation on that charge.”). The trial court’s order d…

Authorities Cited

• Drew v. Chambers, 133 So. 2d 589 (Fla. 1st DCA 1961)
• Esprit Miami, Inc. v. Orestes L. Vazquez, 606 So. 2d 626 (Fla. 3d DCA 1992)