FREDERICK JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FREDERICK JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
677 So. 2d 3
Florida District Court of Appeal, Second District (1996)
Positive Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s judgments and sentences except in one respect. We reverse, in that regard, the six-year sentences imposed in the cases and counts involving third-degree felonies because the maximum term of imprisonment for a third-degree felony is five years. On remand, the trial court shall re-sentence appellant in accord with the statutory maximum for these offenses.
Affirmed in part, reversed in part, and remanded for resentencing.
THREADGILL, A.C.J., and FRANK and LAZZARA, JJ., concur.
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Howard A. Engle, M.D. v. Liggett Grp., Inc., 945 So. 2d 1246 (Fla. 2006)…law adjudicated in a prior appeal are binding in order to promote stability of judicial decisions and to avoid piecemeal litigation.” State, Dep’t of Revenue v. Bridger, 935 So. 2d 536, 538, 539 (Fla. 3d DCA 2006) (quoting Bueno v. Bueno de Khawly, 677 So. 2d 3, 4 (Fla. 3d DCA 1996)). The law of the case applies in subsequent proceedings as long as there has been no change in the facts on which the mandate was based. Specifically, we have recognized that an appellate court should reconsider a point of la…
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Logue v. Logue, 766 So. 2d 313 (Fla. 4th DCA 2000)…the trial court erred in computing his child support obligation, according to the guidelines. Ordinarily this court could not revisit in this appeal an issue determined in the final judgment which has now become the law of the case. Bueno v. Khawly, 677 So. 2d 3 (Fla. 3d DCA 1996). However, if the final judgment contained an error that was manifestly unjust, then this court may now rectify that mistake. Jacobson v. Huma- [*315] na Med. Plan, 636 So. 2d 120 (Fla. 3d DCA 1994); McDonough Power Equip. Co. v. B…
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State v. Roswell and Sage Bridger, 935 So. 2d 536 (Fla. 3d DCA 2006)…roceedings. Wendel v. Wendel, 852 So. 2d 277, 283 (Fla. 2d DCA 2003). “[P]oints of law adjudicated in a prior appeal are binding in order to promote stability of judicial [*539] decisions and to avoid piecemeal litigation.” Bueno v. Bueno de Khawly, 677 So. 2d 3, 4 (Fla. 3d DCA 1996). In the appeal before us, the law of the case governs three issues that were decided in the first appeal. First, the Department contends that the taxpayers failed to pursue the administrative remedies outlined in sections 215.…
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