WARREN SIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
The defendant appeals the summary denial of his Rule 3.850 motion for post-conviction relief. The defendant’s claims are without merit, save one. The defendant alleges he was given improper consecutive enhanced habitual offender sentences in three separate cases. Hale v. State, 630 So. 2d 521 (Fla. 1993), cert. denied, — U.S.-, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Brooks v. State, 630 So. 2d 527 (Fla.1993); Panda v. State, 647 So. 2d 1077 (Fla. 5th DCA 1995). See also, Benjamin v. State, 667 So. 2d 437 (Fla. 2d DCA 1996).
The record reflects that consecutive habitual offender sentences were imposed for two offenses in each of the three cases. Because the defendant’s allegations that in each case the offenses arose out of a single episode have not been refuted by any attachments to the trial court’s order, that portion of the order denying the defendant’s Hale claims is reversed and remanded for the trial court to either attach portions of the record to refute the allegations or hold an evidentiary hearing. Massey v. State, 660 So. 2d 760 (Fla. 5th DCA 1995); Gentry v. State, 659 So. 2d 490 (Fla. 5th DCA 1995).
REVERSED AND REMANDED.
COBB and ANTOON, JJ., concur.
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Citator
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Shrove v. Shrove, 724 So. 2d 679 (Fla. 4th DCA 1999)…an hourly wage range for the wife if she were to get a job, the court failed to state an exact amount of gross income it was imputing to the wife, nor did it take that amount into consideration in the calculation of child support. Cf. Vick v. Vick, 675 So. 2d 714, 717 (Fla. 5th DCA 1996) (remand required where trial court failed to identify sources of imputed income with enough particularity.) With respect to the husband’s income for purposes of determining support, the trial court found that he was capable…
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Alpha v. Alpha, 885 So. 2d 1023 (Fla. 5th DCA 2004)…etition for dissolution on October 15, 2001. . Mathieu v. Mathieu, 877 So. 2d 740 (Fla. 5th DCA 2004); Killius v. Killius, 701 So. 2d 1245 (Fla. 5th DCA 1997). See also Broadfoot v. Broadfoot, 791 So. 2d 584 (Fla. 3d DCA 2001). . See Vick v. Vick, 675 So. 2d 714 (Fla. 5th DCA 1996). . Florida law holds otherwise. See § 61.075, Fla. Stat.; Ruberg v. Ruberg, 858 So. 2d 1147 (Fla. 2d DCA 2003); Jensen v. Jensen, 824 So. 2d 315 (Fla. 1st DCA 2002); Vaccaro v. Vaccaro, 677 So. 2d 918 (Fla. 5th DCA 1996). . See…1 / 3
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Borchard v. Borchard, 730 So. 2d 748 (Fla. 2d DCA 1999)…ar v. Iribar, 510 So. 2d 1023 (Fla. 3d DCA 1987).6 The Fifth District has held that “[t]here is no support in law or logic for such an award as rehabilitative alimony.” Martin v. Martin, 582 So. 2d 784, 786 (Fla. 5th DCA 1991). But see Vick v. Vick, 675 So. 2d 714 (Fla. 5th DCA 1996) (affirming award of “transitional” alimony when husband opposed rehabilitative alimony but represented wife may be entitled to “transitional” alimony). This court has never expressly affirmed an award of bridge-the-gap alimony, a…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Brooks v. State, 630 So. 2d 527 (Fla. 1993)
- Benjamin v. State, 667 So. 2d 437 (Fla. 2d DCA 1996)
- Gentry v. State, 659 So. 2d 490 (Fla. 5th DCA 1995)
- Massey v. State, 660 So. 2d 760 (Fla. 5th DCA 1995)
- Venero v. State, 647 So. 2d 1077 (Fla. 3d DCA 1995)
- Heil v. Heil, 647 So. 2d 1077 (Fla. 5th DCA 1995)