JONATHAN JOE OUTING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1997-12-24
No. 96-04081
DANAHY, A.C.J., and FRANK, J., concur.
704 So. 2d 694 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 25 cases
Opinion of the Court
PATTERSON, Judge.

PATTERSON, Judge.

Jonathan Outing appeals from the sentence imposed upon him following the revocation of his probation. He correctly argues, and the State concedes, that the State failed to present sufficient nonhearsay evidence that Outing violated the terms of his probation by changing his approved residence. See McCrary v. State, 464 So. 2d 670 (Fla. 2d DCA 1985) (holding that a defendant’s probation cannot be revoked solely on the basis of hearsay). Therefore, we reverse the order of revocation. Reversed.

DANAHY, A.C.J., and FRANK, J., concur.

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  • Nigel Shepheard and Heather Shepheard v. Deutsche Bank Tr. Co. Americas, 922 So. 2d 340 (Fla. 5th DCA 2006)
    …ary to accomplish personal service on the persons holding title or having possession of the mortgaged property so as to provide them with notice of the proceedings.” Floyd, 704 So. 2d at 1112. Compare Southeast & Assocs. v. Fox Run Homeowners Ass’n, 704 So. 2d 694, 695 (Fla. 4th DCA 1997). Had it acquired their address, Deutsche Bank could have properly served the She-pheards with process, despite their foreign residence. See Armet S.N.C. di Ferronato Giovanni & Co. v. Hornsby, 744 So. 2d 1119, 1120 (Fla. 1s…
  • Rocky and Mary Giron v. Ugly Mortg., Inc., 935 So. 2d 580 (Fla. 3d DCA 2006)
    …urt has the duty of determining not only if the affidavit of diligent search is legally sufficient but also whether the plaintiff conducted an adequate search to locate the defendants. See Southeast & Assoc., Inc. v. Fox Run Homeowners Assoc., Inc., 704 So. 2d 694 (Fla. 4th DCA 1997). Our standard of review determines whether there was competent substantial evidence to support the decision of the trial judge. Hudson v. Pioneer Fed. Sav. & Loan Assoc., 516 So .2d 339 (Fla. 1st DCA 1987). We affirm the trial co…
  • Redfield Invs. v. Vill. OF Pinecrest, 990 So. 2d 1135 (Fla. 3d DCA 2008)
    …ffidavit of search is legally sufficient, but also whether the plaintiff conducted an adequate search to locate the defendant. See Giron v. Ugly Mortgage, Inc., 935 So. 2d 580, 582 (Fla. 3d DCA 2006); Se. & Assocs., Inc. v. Fox Run Homeowners Ass’n, 704 So. 2d 694, 696 (Fla. 4th DCA 1997). Although Pinecrest made some efforts to locate the defendant, Redfield, or an officer or agent, Redfield argues — persuasively in our view — that the sworn [*1139] statement submitted by Pinecrest is deafeningly silent con…

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