JOSE GARCIA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HAY DEE GARCIA, APPELLANT,

v.

GOLD COAST MOTHER & SON, APPELLEE

Citator

Cited By

• Carridine v. State, 721 So. 2d 818 (Fla. 4th DCA 1998)
  …912913, 23 Fla. L. Weekly D39 (Fla. 2d DCA Dec. 19,1997) (reversal of upward departure sentence because the written transcript of the trial court’s oral statement of its reasons for departure did not contain the court’s signature); Wilcox v. State, 664 So. 2d 55, 56 (Fla. 5th DCA 1995) (Rule 3.702(d)(18) “require(s) some form of writing, and the judge’s signature, and a timely filing.”). Nunc pro tunc orders are issued to correct clerical mistakes or memorialize a previously taken judicial act. D.M. v. Stat…
• Beck v. State, 817 So. 2d 858 (Fla. 5th DCA 2002)
  …ard departure sentence within seven days of sentencing. § 921.0016(1)(c), Fla. Stat. (2001); State v. West, 718 So. 2d 266, 267 (Fla. 5th DCA 1998) (“Timely written reasons for departure sentences, upward or downward are required”); Wilcox v. State, 664 So. 2d 55 (Fla. 5th DCA 1995). Here, the trial court failed to enter its written reasons for its upward departure at the time of imposing the defendant’s sentence. When the trial court revisited the sentence via defendant’s Rule 3.800(b) motion, the court re…
• Guelmer J. Escobar v. State, 189 So. 3d 1029 (Fla. 4th DCA 2016)
  …is added); see also Watts v. State, 688 So. 2d 1018, 1018-19 (Fla. 4th DCA 1997). In short, due process requires it. ’ . This case does not involve a departure sentence and is not controlled by Fla. R. of Crim. P. 3.702(d)(18). See Wilcox v. State, 664 So. 2d 55 (Fla. 5th DCA 1995) (applying rule requiring written reasons for departure sentence to be filed within 15 days of sentence). See also Domberg v. State, 661 So. 2d 285 (Fla.1995) (addressing trial court's jurisdiction when departure sentence is invol…

Authorities Cited

• Eyal Emanuel v. Bankers Tr. Co., N.A., 655 So. 2d 247 (Fla. 3d DCA 1995)