JAMES N. SYCAMORE, APPELLANT,
v.
FLORIDA ATLANTIC UNIVERSITY, ACTING FOR AND ON BEHALF OF THE BOARD OF REGENTS, A PUBLIC CORPORATION OF THE STATE OF FLORIDA, ANTHONY J. CATANESE AND ONDINA FELIPE, APPELLEES
PER CURIAM.
The employment contract between appellant and the university adopted the terms of the parties’ settlement agreement as a special condition. By that agreement, appellant unconditionally tendered his resignation to the university, which accepted it for a time certain, several years after the execution of the documents. This resignation is inconsistent with appellant’s entitlement to participate in the phased retirement program, which contemplates a continuation of the employment relationship between a faculty member and the university. We affirm the summary final judgment entered in favor of appellees.
WARNER, POLEN and GROSS, JJ., concur.
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Cottle v. State, 733 So. 2d 963 (Fla. 1999)…in a lesser sentence. See Young v. State, 608 So. 2d 111, 113 (Fla. 5th DCA 1992) (citing United States ex rel. Caruso v. Zelinsky, 689 F. 2d 435, 437 (3d Cir. 1982)); accord Rosa v. State, 712 So. 2d 414, 415 (Fla. 4th DCA 1998); Gonzales v. State, 691 So. 2d 602, 603 (Fla. 4th DCA 1997); Van Dyke v. State, 697 So. 2d 1015, 1015 (Fla. 4th DCA 1997); Seymore v. State, 693 So. 2d 647, 647 (Fla. 1st DCA 1997); Lee v. State, 677 So. 2d 312, 313 (Fla. 1st DCA 1996); Steel v. State, 684 So. 2d 290, 291-92 (Fla. 4t…
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Morgan v. State, 991 So. 2d 835 (Fla. 2008)…ecause I conclude that the majority is correct in affirming the trial court’s denial of postconviction relief, but I do not agree with the majority in its failing to approve the Fourth District Court of Appeal’s decision in Gonzales v. [*842] State, 691 So. 2d 602 (Fla. 4th DCA 1997). I would approve Gonzales and Dines v. State, 909 So. 2d 521 (Fla. 2d DCA 2005). Gonzales and Dines deal with the precise issue that is involved in this case, whether the allegation that trial counsel advised the defendant th…1 / 2
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Cabrera v. State, 766 So. 2d 1131 (Fla. 2d DCA 2000)….2d 83, 84 (1982)). Clearly there were problems with the defense based on the facts in this case.. To some extent, a jury is a wild card and there is a tremendous “lack of predictability as to what a jury in a given case will do.” Gonzales v. State, 691 So. 2d 602, 603 (Fla. 4th DCA 1997). In the absence of another viable defense, however, we conclude that the failure to pursue the entrapment defense constituted ineffective assistance of counsel because “defense counsel, by [her] substandard performance, depr…
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