MILTON OLIVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-05-31
No. 4D99-893
WARNER, C.J., STONE and POLEN, JJ., concur.
757 So. 2d 1286 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm.

We also certify the same question certified in Simmons v. State, 755 So. 2d 682 (Fla. 4th DCA 1999), as one of great public importance:

DOES THE PRISON RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?

WARNER, C.J., STONE and POLEN, JJ., concur.


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  • Scariti v. Sabillon, 16 So. 3d 144 (Fla. 4th DCA 2009)
    …claims that this issue was tried by consent of the parties. As to the issue of the lack of a pleading requesting it, this court has recognized that a trial court can award support even where it is not sought in the pleadings. In Freetly v. Mascolo, 757 So. 2d 1286 (Fla. 4th DCA 2000), the father brought an action seeking primary residential custody. The trial court awarded him custody and awarded child support, citing section 742.031(1), Florida Statutes (1999), which provides that the “court shall order eith…
  • Oliver v. State, 788 So. 2d 247 (Fla. 2001)
    …[*248] LEWIS, J. We have for review Oliver v. State, 757 So. 2d 1286 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The petitioner challenges his sentencing under the Prison Releasee Reoffender Act (the “Act”) on several grounds, all of which have been addressed by this Court. See Gra…
  • Williams v. Williams (Fla. 4th DCA 2026)

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