ROBERT EUGENE FULFER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERT EUGENE FULFER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
701 So. 2d 674
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
There is no error in the trial court’s determination that the defendant violated his probation by committing a battery on his mother, so that the order of revocation is affirmed. It is modified, however, by striking the indication that the probationer also committed a robbery.
Affirmed as modified.
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Citator
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Masiello v. Moore, 739 So. 2d 1196 (Fla. 1st DCA 1999)…r, as appellant correctly points out, the petitions should not have been dismissed without affording him an opportunity either to correct the deficiencies in his original submissions- or to pay the filing fees. Marquart v. Florida Parole Commission, 701 So. 2d 674 (Fla. 1st DCA 1997). Accordingly, we reverse, and remand with directions that appellant be afforded such an opportunity. AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions. KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.…
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Tooma v. Moore, 743 So. 2d 1189 (Fla. 1st DCA 1999)…and succinctly held, it is an abuse of discretion to dismiss a petition for failing to comply with the requirements of section 57.085 without first affording to the party an opportunity to correct the deficiencies. Marquart v. Florida Parole Comm’n, 701 So. 2d 674 (Fla. 1st DCA 1997); Masiello v. Moore, 739 So. 2d 1196 (Fla. 1st DCA 1999). Accordingly, the trial court’s order of dismissal is REVERSED and the matter REMANDED to allow Appellant an opportunity to correct the deficiencies in his original submis…
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Ondina Williams v. Fla. Parole Comm'n, 801 So. 2d 292 (Fla. 1st DCA 2001)…5 without first affording to the party an opportunity to correct the deficiencies.”); see also Bandy v. Sheffield, 751 So. 2d 164, 164 (Fla. 1st DCA 2000); Masiello v. Moore, 739 So. 2d 1196, 1196 (Fla. 1st DCA 1999); Marquart v. Fla. Parole Comm’n, 701 So. 2d 674, 675 (Fla. 1st DCA 1997). ALLEN, C.J., BOOTH and BENTON, JJ., Concur.…
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