CNH CONSTRUCTION, INC., TIMOTHY CULLETON, JOHN H. CULLETON, FREDERIC CULLETON AND JOHN F. CULLETON, APPELLANTS,
v.
SOUTH FLORIDA RESTORATION, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1995-06-21
No. 94-2791
Before BARKDULL, NESBITT and LEVY, JJ.
657 So. 2d 37 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In review of this court’s ruling in CNH Construction, Inc. v. South Florida Restoration, Inc., 654 So. 2d 287 (Fla. 3d DCA 1995), the mandate having issued, wherein the court reversed a default against the corporation and a default judgment against the corporation and individual defendants, we therefore reverse the summary judgement against the individual defendants and return the matter to the trial court for a trial on all issues.


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  • Wilfrid Metellus v. State, 817 So. 2d 1009 (Fla. 5th DCA 2002)
    …a guilty plea is bargained for, double jeopardy claims as to the conviction and sentence are waived.”) (citations omitted); Colson v. State, 717 So. 2d 554 (Fla. 4th DCA 1998); Johnson v. State, 676 So. 2d 1017 (Fla. 5th DCA 1996); Powell v. State, 657 So. 2d 37 (Fla. 5th DCA 1995); Bryant v. State, 644 So. 2d 513 (Fla. 5th DCA 1994), rev. denied, 654 So. 2d 130 (Fla.1995); [*1013] see also Jones v. State, 711 So. 2d 633, 634 (Fla. 1st DCA 1998) ("There was no plea bargain involved here; the double jeopardy…
  • Lewis v. State, 827 So. 2d 1052 (Fla. 5th DCA 2002)
    …y plea is bargained for, double jeopardy claims as to the conviction and sentence are waived.”) (citations omitted); Colson v. State, 717 So. 2d 554 (Fla. 4th DCA 1998); Johnson v. State, 676 [*1053] So. 2d 1017 (Fla. 5th DCA 1996); Powell v. State, 657 So. 2d 37 (Fla. 5th DCA 1995); Bryant v. State, 644 So. 2d 513 (Fla. 5th DCA 1994), review denied, 654 So. 2d 130 (Fla.1995). Even if the plea agreement was not bargained for, Lewis is precluded from challenging her convictions based on a double jeopardy viol…

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