DAVID SLOCUM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID SLOCUM, APPELLANT,
STATE OF FLORIDA, APPELLEE
679 So. 2d 359
Florida District Court of Appeal, Fourth District (1996)
Caution
Cited by 13 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction and with the exception of the trial court’s imposition of a three-year mandatory minimum sentence for possession of a firearm, we affirm the sentences imposed. The state concedes and we agree that the imposition of a three-year mandatory minimum sentence must be reversed for lack of a jury finding that appellant used or carried a firearm during the commission of the offenses. See State v. Tripp, 642 So. 2d 728 (Fla.1994); State v. Overfelt, 457 So. 2d 1385 (Fla.1984).
AFFIRMED IN PART; REVERSED IN PART.
DELL, KLEIN and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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City OF Boca Raton v. Boca Raton Airport Auth., 768 So. 2d 1191 (Fla. 4th DCA 2000)…e order on the ground that it was without notice. A temporary injunction is “an extraordinary remedy” that should be “granted sparingly.” Beeler, 530 So. 2d at 933. “Ex parte orders are antithetical to precious due process rights.” Smith v. Knight, 679 So. 2d 359, 361 (Fla. 4th DCA 1996). There must be a “ ‘strong and clear’ showing before a temporary injunction without notice may issue.” Id. at 361 (quoting Beeler, 530 So. 2d at 934). A trial court should issue an ex parte injunction only where there exists…
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Murray Bieda v. Mimi Bieda, 42 So. 3d 859 (Fla. 3d DCA 2010)…ordinary remedy and the order must strictly comply with Rule 1.610. See Levy v. Gourmet Masters, Inc., 214 So. 2d 82, 85 (Fla. 3d DCA 1968); Fla. High Sch. Activities Ass’n v. Benitez, 748 So. 2d 358, 359 (Fla. 5th DCA 1999); Smith [*862] v. Knight, 679 So. 2d 359, 361-62 (Fla. 4th DCA 1996). Here, the order does not include the requisite findings.3 It does not define the injury, state why such injury is irreparable or provide reasons why the order was granted without notice to the former husband. The order…
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Hamilton v. Hamilton, 142 So. 3d 969 (Fla. 4th DCA 2014)…rnish us with an adequate record to review this issue. See Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla.1979). Nevertheless, the lack of personal jurisdiction undermines the validity of the temporary injunction. We have reviewed Smith v. Knight, 679 So. 2d 359 (Fla. 4th DCA 1996), relied upon by the stepmother to support the entry of the temporary injunction, and find it distinguishable. There, we approved the entry of an ex parte temporary injunction in the absence of personal jurisdiction. Because of th…
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- State v. Overfelt, 457 So. 2d 1385 (Fla. 1984)
- State v. Vinney Tripp, 642 So. 2d 728 (Fla. 1994)