BERNARD GLICKMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-07-30
No. 96-3617
GUNTHER, POLEN and FARMER, JJ., concur.
696 So. 2d 1369 Florida District Court of Appeal, Fourth District (1997) Caution
Cited by 13 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The State concedes that the trial court arrested Appellant’s conviction for indecent assault in open court following the jury’s verdict of guilt. The trial court, however, failed to conform its written sentence to its oral pronouncement. Therefore, we reverse Appellant’s sentence to the extent that it reflects a conviction for indecent assault and remand for the trial court to conform its written sentence to its oral pronouncement. See Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987). In all other respects, we affirm.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

GUNTHER, POLEN and FARMER, JJ., concur.


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  • Vorbeck v. Betancourt, 107 So. 3d 1142 (Fla. 3d DCA 2012)
    …em. See Kirlin, 955 So. 2d at 30. Accordingly, it is now well settled that a bill of discovery may not be used “as a fishing expedition to see if causes of action exist,” Venezia Lakes, 34 So. 3d at 758 (quoting Publix Supermarkets, Inc. v. Frazier, 696 So. 2d 1369, 1371 (Fla. 4th DCA 1997)); to substantiate one’s suspected causes of action, Kirlin, 955 So. 2d at 30; or to acquire “a preview of discovery” for a prospective lawsuit. Venezia Lakes, 34 So. 3d at 758. In Kirlin, for example, a former employee of…
  • Mendez v. Cochran, 700 So. 2d 46 (Fla. 4th DCA 1997)
    …PER CURIAM. We grant this petition for certiorari and quash the trial court order denying Petitioners/Defendants’ motion for a protective order. Publix Supermarkets, Inc. v. Frazier, 696 So. 2d 1369 (Fla. 4th DCA 1997). The Sheriff instituted this independent lawsuit, which constitutes solely a pure bill of discovery seeking production of audiotapes of conversations allegedly surreptitiously recorded by Petitioners, and noticed Petitioners fo…
  • Kirlin v. Green, 955 So. 2d 28 (Fla. 3d DCA 2007)
    …e to “identify potential defendants and theories of liability,” but “may not be used ‘as a fishing expedition to see if causes of action exist.’ ” Mendez v. Cochran, 700 So. 2d 46, 47 (Fla. 4th DCA 1997) quoting Publix Supermarkets, Inc. v. Frazier, 696 So. 2d 1369, 1371 (Fla. 4th [*30] DCA 1997). “Neither is it available simply to obtain a preview of discovery obtainable once suit is filed. Such a use of the bill places an undue burden on the court system.” Mendez, 700 So. 2d at 47 (citations omitted). In th…

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