THEODORE BINGHAM, PETITIONER,
v.
STATE OF FLORIDA AND MICHAEL W. MOORE, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENTS

Fla. 1st DCA | 2001-08-21
No. 1D01-1839
ERVIN, WEBSTER and BENTON, JJ., concur.
793 So. 2d 128 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for belated appeal is granted. Petitioner shall be allowed a belated appeal from the October 17, 2000, order denying defendant’s motion to correct illegal sentence in Duval County case number 81-7844-CF-A. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as the notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). Fla. R.App. P. 9.141(c)(5)(D).

PETITION GRANTED.

ERVIN, WEBSTER and BENTON, JJ., concur.


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  • Franz Edward Mitchell v. Mitchell, 841 So. 2d 564 (Fla. 2d DCA 2003)
    …ing provision except as to deductibles and noncovered expenses. On remand the court must apportion the cost of such coverage by adding it to the basic obligation determined pursuant to section 61.30(6). § 61.13(l)(b); .30(8). See Hoffman v. Hoffman, 793 So. 2d 128 (Fla. 4th DCA 2001). In its final judgment, the court directed Mr. Mitchell to maintain a $100,000 policy of life insurance as security for his child support obligation. He cites Phillips v. Phillips, 796 So. 2d 1289, 1290 (Fla. 5th DCA 2001), for…
  • Kareff v. Kareff, 943 So. 2d 890 (Fla. 4th DCA 2006)
    …tion issue. Appellee has argued that the appellant is precluded from raising the issue involving the miscalculation of child support because appellant failed to raise the error in a motion for rehearing at the trial level, citing Hoffman v. Hoffman, 793 So. 2d 128 (Fla. 4th DCA 2001). In Hoffman, the husband argued on appeal that the $545 a month he was paying for health insurance was not considered by the trial court in calculating child support. We declined to review the issue because it “was not argued b…
  • Mendes v. Mendes, 947 So. 2d 450 (Fla. 4th DCA 2007)
    …ination below, he failed to preserve this claim for purposes of our remand. While such an issue is within the trial court’s jurisdiction under Reno, the former husband did not invoke that remedy. As such, rehearing is denied. See Hoffman v. Hoffman, 793 So. 2d 128 (Fla. 4th DCA 2001); see also Walls v. Sebastian, 914 So. 2d 1110 (Fla. 4th DCA 2005); Utterback v. Utterback, 861 So. 2d 465 (Fla. 3d DCA 2003). Former husband is not limited in seeking modification in a new proceeding if justified by the current f…

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