CRAIG S. BROWN, APPELLANT,
v.
MARY JANE FUENTES, APPELLEE

Fla. 1st DCA | 2000-08-07
No. 1D00-1795
BARFIELD, C.J., DAVIS, and PADOVANO, JJ., CONCUR.
765 So. 2d 244 Florida District Court of Appeal, First District (2000) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Having considered appellant’s response to the court’s order dated May 30, 2000, the appeal is hereby dismissed for lack of jurisdiction. See T.H. v. Department of Children and Families, 736 So. 2d 126 (Fla. 1st DCA 1999). The dismissal is without prejudice to appellant to seek review upon the trial court’s entry of a final judgment.

BARFIELD, C.J., DAVIS, and PADOVANO, JJ., CONCUR.


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  • Wright v. State, 941 So. 2d 538 (Fla. 1st DCA 2006)
    ….1989). As a result, a person sentenced after the effective date of the guidelines for an offense committed before the effective date has the option of electing sentencing under the current guidelines or the pre-guidelines law. Id.; Kunkel v. State, 765 So. 2d 244 (Fla. 1st DCA 2000). In Kwnkel, this court-held that an appellant who had received a departure sentence under the 1984 guidelines before July 1, 1984, was entitled to relief under Smith. Id. at 245. Although the term of the departure sentence was wi…
  • Logan v. State, 921 So. 2d 556 (Fla. 2005)
    …ut-off date for purposes of the right to elect under section 921.001(4)(b)(l) is July 1, 1984. Logan's offenses were committed prior to July 1, 1984, so he is entitled to be resentenced under the 1983 guidelines if he so elects. See Kunkel v. State, 765 So. 2d 244, 245 (Fla. 1st DCA 2000); Gibbons v. State, 543 So. 2d 860, 862 (Fla. 2d DCA 1989).…
  • Quevado v. State, 838 So. 2d 1253 (Fla. 2d DCA 2003)
    …ld have been given the option (1) to receive a nonguidelines sentence, under which he would be eligible for parole; or (2) to be sentenced under the guidelines in effect in 1999 when he was sentenced for his probation violation. See Kunkel v. State, 765 So. 2d 244 (Fla. 1st DCA 2000). We understand that the circuit court did not offer this option because it was misled by all involved to believe that the constitutional 1984 guidelines applied. Quevado’s rule 3.850 motion asked that he be sentenced under the g…

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