BRUCE E. PAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-07-31
No. 96-03127
CAMPBELL, A.C.J., and NORTHCUTT, J., concur.
732 So. 2d 1086 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 3 cases
Opinion of the Court
PATTERSON, Judge.

PATTERSON, Judge.

Bruce Payton appeals from an order which withholds adjudication for possession of cocaine, does not place Payton on probation, and imposes court costs. This court held in Martin v. State, 600 So. 2d 20 (Fla. 2d DCA 1992), that an order withholding adjudication without imposing probation is not an appealable order. Based on Martin, we treat the appeal as a petition for writ of certiorari, strike the $253 in costs, and otherwise dismiss the appeal. In doing so, we certify conflict with the Fourth District’s decisions in Waite v. City of Ft. Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996), and Schultz v. State, 700 So. 2d 56 (Fla. 4th DCA 1997), review granted, 707 So. 2d 1127 (Fla.1998).

CAMPBELL, A.C.J., and NORTHCUTT, J., concur.

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  • Payton v. State, 732 So. 2d 1044 (Fla. 1999)
    …HARDING, C.J. We have for review the decision in Payton v. State, 23 Fla. L. Weekly D1817, 732 So. 2d 1086 (Fla. 2d DCA 1998), which the district court certified to be in conflict with the opinions in Waite v. City of Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996), and Schultz v. State, 700 So. 2d 56 (Fla. 4th DCA 1997), approved, 720 So. 2d 247 (Fl…
  • Daiwa Prods., Inc. v. Nationsbank, N.A., 885 So. 2d 884 (Fla. 4th DCA 2004)
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  • Lennar Homes, L.L.C. v. V Ventures, LLC, 988 So. 2d 660 (Fla. 3d DCA 2008)
    …hat regardless of any credit risk associated with the party with whom it proposed to contract, upon presentment of papers in the form specified, payment would be made-without question, without reservation and forthwith. Banco Lavra v. Cargil Int’l, 732 So. 2d 1086, 1089 (Fla. 3d DCA 1998). Issuing an injunction could threaten the vitality of letters of credit in general. Further, V Ventures bargained for this letter of credit and granting an injunction in this case would eliminate the benefit of financial sec…

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