METROMEDIA STEAKHOUSES COMPANY, L.P., LTD., APPELLANT,

v.

USAA INCOME PROPERTIES, III LIMITED PARTNERSHIP BY USAA PROPERTIES, INC., A TEXAS CORPORATION, ITS GENERAL PARTNER, APPELLEE

Citator

Cited By

• Staffney v. State, 826 So. 2d 509 (Fla. 4th DCA 2002)
  …g, 751 So. 2d at 621. Further, “sophisticated” is defined as “ ‘having acquired worldly knowledge or refinement; lacking natural simplicity or naiveté.’ ” Id. (citing AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LaNguage (1981)). In State v. Merritt, 714 So. 2d 1158 (Fla. 5th DCA 1998), the court upheld the downward departure sentence “finding that the almost 16-year old victim did not need to be instructed on how or what sex acts to perform; the defendant was nervous and unable to attain an erection, and his a…
• State v. Noe Salgado, 948 So. 2d 12 (Fla. 3d DCA 2006)
  …American Heritage Dictionary of the English Language (1981))). Thus, a crime is committed in an unsophisticated manner when the acts constituting the crime are “artless, simple and not refined.” Staffney, 826 So. 2d at 509 (quoting State v. Merritt, 714 So. 2d 1158, 1154 n. 3 (Fla. 5th DCA 1998)). The following cases are instructive. In Staffney, the Fourth District Court of Appeal reversed a downward departure for sexual battery, finding that there was insufficient competent substantial evidence to support t…
• Barabas v. Barabas, 923 So. 2d 588 (Fla. 5th DCA 2006)
  …determination of valuation dates is squarely within the trial court’s discretion). The court’s failure to identify the marital assets and debts and their value constitutes reversible error and requires remand for appropriate findings. Cook v. Cook, 714 So. 2d 1158, 1159 (Fla. 5th DCA 1998). Upon remand, the trial court should make the requisite written findings that [*591] identify the parties’ marital assets and liabilities 4 and value them as of an appropriate date. The court should take additional evidenc…

Authorities Cited

• Palazzolo v. Fessler, 680 So. 2d 607 (Fla. 2d DCA 1996)