BRIAN M. KNOWLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRIAN M. KNOWLES, APPELLANT,
STATE OF FLORIDA, APPELLEE
780 So. 2d 136
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 19 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s denial of Brian M. Knowles’ (“Knowles”) motion to correct illegal sentence. This affirmance is without prejudice to Knowles re-filing his motion to present his claim that the sentencing score sheet erroneously reflected three prior first degree felonies, rather than two second degree felonies.
When re-filing the motion, Knowles shall furnish the trial court with the appropriate documentation, including but not limited to, the 1989 score sheet which he contends was not properly calculated, and copies of the prior judgments at issue.
DELL, STEVENSON and TAYLOR, JJ., concur.
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Sys. Components Corp. v. Fla. Dep't OF Transp., 14 So. 3d 967 (Fla. 2009)…ering those damages inflicted by a wrongdoer that the injured party could have reasonably avoided.” The Florida Bar, Florida Civil Practice Damages § 2.43, at 2-30 (6th ed.2005) (emphasis supplied) (citing Sharick v. SE. Univ. of Health Scis., Inc., 780 So. 2d 136 (Fla. 3d DCA 2000); Graphic Assocs., Inc. v. Riviana Rest. Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984)). The doctrine does not permit damage reduction based on what “could have been avoided” through Herculean efforts. See, e.g., Thompson v. Fla. Drum…
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Mnemonics, Inc. v. MAX Davis Assocs., Inc., 808 So. 2d 1278 (Fla. 5th DCA 2002)…award of damages on the breach of contract claim. An award of damages for breach of contract is intended to place the injured party in the position he or she would have been in had the breach not occurred. Sharick v. S.E. Univ. of Health Sci, Inc., 780 So. 2d 136 (Fla. 3d DCA 2000). Damages recoverable by a party injured by a breach of contract are those that naturally flow from the breach and can reasonably be said to have been contemplated by the parties at the time the contract was entered into. Scott v.…
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Rigoberto Acosta v. The Dist. Bd. OF Trs. OF Miami-Dade Cmty. Coll., 905 So. 2d 226 (Fla. 3d DCA 2005)…e “aware of the increase in the cost of the program.” Each student signed and returned the requested acknowledgment. In my opinion, a binding contract was created by these two instruments. Cf. Sharick v. Southeastern Univ. of Health Sciences, Inc., 780 So. 2d 136 (Fla. 3d DCA 2000) (relationship between student and university is contractual in nature). MDCC’s May 1999 offer letter clearly expresses an intent to bind both MDCC and the plaintiff students. See Webster Lumber Co. v. Lincoln, 94 Fla. 1097, 115 So…1 / 2
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