BENJAMIN A. JAMES, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2000-01-26
No. 2D99-3687
BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.
751 So. 2d 143 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 9 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Benjamin A. James, III appeals an order of the trial court granting in part, and denying in part, his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse that portion of the order which awards jail credit for James’ stay in the Hillsborough County Jail; in all other respects, the trial court’s order is affirmed.

James sought correction of the amount of jail credit he was awarded. The trial court directed a response from the State, and the State conceded that James was entitled to 1261 days of jail credit. Without addressing the State’s concession, the trial court awarded James 341 days of jail credit. Both figures are supported by the record attachments, and this court is unable to discern which is correct. Accordingly, this case must be remanded so that the trial court can attach the documents that support its award, and explain why the State’s figure is incorrect, or award James the amount of credit that the State conceded was due.

Affirmed in part, reversed in part, and remanded for further proceedings in accordance with this opinion.

BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.


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  • Orkin Exterminating Co., Inc. v. Petsch, 872 So. 2d 259 (Fla. 2d DCA 2004)
    …l Arbitration Act governs an arbitration agreement, Florida law controls the award of attorney’s fees.' Lee v. Smith Barney, Harris Upham & Co., 626 So. 2d 969, 971 (Fla. 2d DCA 1993); see also Cassedy v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 751 So. 2d 143, 146-47 (Fla. 1st DCA 2000). The Florida Arbitration Code, § 682.11, Fla. Stat. (2001), states that “[u]nless otherwise provided in the agreement or provision for arbitration, the arbitrators’ and umpire’s expenses and fees, together with other expe…
  • Sami Qubty v. Rasiklal Nagda, 817 So. 2d 952 (Fla. 5th DCA 2002)
    …contracts, [*956] federal law supersedes the Florida Arbitration Code, and the Florida Arbitration Code is applied in such cases only to the extent it is not inconsistent with federal law. See Cassedy v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 751 So. 2d 143, 146-147 (Fla. 1st DCA 2000); Lee v. Smith Barney, Harris Upham & Co., 626 So. 2d 969 (Fla. 2d DCA 1993); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 405 So. 2d 790, 792 (Fla. 4th DCA 1981), approved, 476 So. 2d 140 (Fla.1985). Brokerage…
  • Reeves v. ACE Cash Express, Inc., 937 So. 2d 1136 (Fla. 2d DCA 2006)
    …an arbitration agreement, Florida law controls the award of attorney’s fees. Petsch, 872 So. 2d at 264; see also Lee v. Smith Barney, Harris Upham & Co., 626 So. 2d 969, 971 (Fla. 2d DCA 1993); Cassedy v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 751 So. 2d 143, 146-47 (Fla. 1st DCA 2000). Thus, if Reeves prevails on her claim in arbitration, she can seek attorney’s fees under the FCCPA in circuit court. Affirmed. ALTENBERND and CANADY, JJ., Concur.…

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