NICHOL J. KAEHLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
NICHOL J. KAEHLER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
654 So. 2d 678
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
As the state correctly concedes, the trial court erred by considering an untimely filed charge in deciding whether to revoke the defendant’s probation and sentence him to a term of community control. See State v. Hall, 641 So. 2d 403 (Fla.1994); Aguiar v. State, 593 So. 2d 1225 (Fla. 3d DCA 1992); McPherson v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988).
Accordingly, the case is remanded with instructions to the trial court to withdraw its finding that the defendant violated probationary condition number three. In all other respects, the order revoking the defendant’s probation and placing him on community control is affirmed.
Affirmed and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stueber v. Tom Gallagher as Commissioner of Education, 812 So. 2d 454 (Fla. 5th DCA 2002)…est any such relief below, he waived his right to receive such relief on appeal. In administrative appeals a claim of error cannot be raised for the first time on appeal. See Shady Oaks Mobile Modu [*457] lar Estates v. Florida Public Serv. Comm’n, 654 So. 2d 678 (Fla. 1st DCA 1995); Nurse Anesthetists v. Dep’t of Prof'l Regulation, 500 So. 2d 324 (Fla. 1st DCA 1986). As this court held in Walker v. Florida Dep’t of Bus. & Profl Regulation, 705 So. 2d 652 (Fla. 5th DCA 1998), when a party at an informal hear…
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Rosenzweig v. Dep't OF Transp., 979 So. 2d 1050 (Fla. 1st DCA 2008)…f Bus. & Prof'l Regulation, Div. of Real Estate, 978 So. 2d 195 (Fla. 1st DCA 2008) (citing Twins D & D, Inc. v. Dep’t of Bus. & Prof'l Regulation, 722 So. 2d 234 (Fla. 2d DCA 1998); Shady Oaks Mobile Modular Estates, Inc. v. Fla. Pub. Serv. Comm’n, 654 So. 2d 678 (Fla. 1st DCA 1995)). In Goodson, this court interpreted section 455.225(5), Florida Statutes, which requires that “[i]f any party raises an issue of disputed fact during an informal hearing, the hearing shall be terminated and a formal hearing purs…
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Ronny Goodson v. Fla. Dep't of Bus. & Prof'l Reg., 978 So. 2d 195 (Fla. 1st DCA 2008)…aim of error, even in the administrative context, cannot be raised for the first time on appeal. See Twins D & D, Inc. v. Dep’t of Bus. & Prof'l Reg., 722 So. 2d 234 (Fla. 2d DCA 1998); Shady Oaks Mobile Modular Estates v. Florida Pub. Serv. Comm’n, 654 So. 2d 678 (Fla. 1st DCA 1995). We see no reason to relax [*197] this principle in the present case. Indeed, at least one other Florida appellate court has concluded that the very argument raised by Appellant is subject to the rule of preservation. See Stueber…
Authorities Cited
- State v. Hall, 641 So. 2d 403 (Fla. 1994)
- McPHERSON v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988)
- Aguiar v. State, 593 So. 2d 1225 (Fla. 3d DCA 1992)
- Harrel F. Braddy v. State, 593 So. 2d 1225 (Fla. 4th DCA 1992)