UNIVERSAL UNDERWRITERS INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT/CROSS-APPELLEE,

v.

ALLSTATE INSURANCE COMPANY, APPELLEE/CROSS-APPELLANT, VALERIE LEVENE, FRANK LEVENE, SPORT HYUNDAI, INC., MARY E. THORNTON AND KENNETH THORNTON, APPELLEES

Citator

Cited By

• J.L.O. v. State, 721 So. 2d 440 (Fla. 5th DCA 1998)
  …eoretically available to the trial judge in this case would have been to commit the juvenile to the recommended level 4 or 6 and hope that the Department of Juvenile Justice would do the best it could to find an appropriate program. R.L.B. v. State, 693 So. 2d 130 (Fla. 1st DCA 1997). But since it did not do so, the question for us on appeal is did the court rely upon appropriate considerations in making the level 8 placement, and were they supported by a preponderance of the evidence? § 39.052(4)(e). See Q.L…
• Dep't OF Juv. Just. v. K.B., 784 So. 2d 556 (Fla. 1st DCA 2001)
  …d.” Such a disposition, although creative, is not among the options provided by our Legislature in section 985.231, Florida Statutes (2000). Trial courts do not have unlimited discretion in ordering dispositions for juveniles. See R.L.B. v. State, 693 So. 2d 130, 131 (Fla. 1st DCA 1997) (stating that the trial court’s discretion in imposing a restrictiveness level is circumscribed by statute). The statute defines probation as a legal status imposed “in lieu of commitment to the custody of the Department of…
• State v. E.R., 724 So. 2d 129 (Fla. 3d DCA 1998)
  …ee §§ 985.23, 985.231, Fla. Stat. (1997).] it was well-established that the choice of facility was legislatively mandated to be the responsibility of the Department. See § 39.054, Fla. Stat. (1995); § 39.052, Fla. Stat. (Supp.1996); R.L.B. v. State, 693 So. 2d 130 (Fla. 1st DCA 1997)(“ The court’s duty to impose a restrictiveness level and its discretion in regard to this duty are circumscribed by this statute, and there is no mention of court power in regard to actual program placement.”). See also Florida D…

Authorities Cited

• Dick Courteau's GMC Truck Co. & Universal Underwriters Ins. Co. v. Santo Comancho-Colon, 498 So. 2d 1023 (Fla. 2d DCA 1986)