RBES, L.C., ET AL., PETITIONERS,
v.
ARMANDO C. SANTANA, RESPONDENT

Fla. 3d DCA | 2000-11-01
No. 3D00-2814
Before SCHWARTZ, C.J., and SHEVIN, and RAMIREZ, JJ.
770 So. 2d 277 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner, Rodriguez-Betancourt & Elso, P.A., has filed this petition seeking a writ of certiorari to quash a trial court order dated September 7, 2000, granting a motion to inspect a computer belonging to petitioner, which is a non-party to the litigation. In his response, Armando C. Santana, respondent, asserts that this petition may be rendered moot as petitioner is being served with a subpoena duces tecum, the proper mechanism for obtaining discovery from non-parties. See Fla. R. Civ. P. 1.351. We interpret this an admission that the petition is well-taken and grant the petition, quashing the order of the trial court.


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  • Rowan v. State, 791 So. 2d 40 (Fla. 2d DCA 2001)
    …appropriate following modifications of probation because the court noted that to hold otherwise might “discourage judges from giving probationers a second or even a third chance [at probation].” Williams, 594 So. 2d at 275. See also Marrs v. State, 770 So. 2d 277, 278 (Fla. 4th DCA 2000) (allowing a one-cell bump for each of three violations of probation, two of which were actually modifications and recommitments to probation). Under the reasoning of Williams, Rowan’s 1991 violation of community^ control may…
  • Vinson Peterson v. State, 962 So. 2d 367 (Fla. 4th DCA 2007)
    …presented at the original sentencing hearing, and in fact, the charge was reduced to attempted sexual battery rather than sexual battery. Therefore, we find it was error for the trial court to add forty points for victim injury. See Marrs v. State, 770 So. 2d 277, 279 (Fla. 4th DCA 2000)(error to include victim injury points on sentencing scoresheet where no points were found on original scoresheet and issue was not fully explored at sentencing). These points should also be removed upon remand. However, we…
  • Robinson v. State, 985 So. 2d 1192 (Fla. 4th DCA 2008)
    …riginal sentence scoresheet, it may only do so after conducting an evidentiary hearing that establishes facts supporting the nature and extent of the victim’s injury. See Aponte v. State, 810 So. 2d 1008, 1011-12 (Fla. 4th DCA 2002); Marrs v. State, 770 So. 2d 277, 279 (Fla. 4th DCA 2000). In this case, the trial court erred in failing to conduct such a hearing.1 Additionally, the trial court’s error in assessing the victim injury points was not harmless because the record does not conclusively show that the…

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