EUGENE BURNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-02-06
No. 4D01-3982
. POLEN, C.J., TAYLOR and MAY, JJ., concur.
806 So. 2d 625 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Eugene Burney challenges the trial court’s denial of his rule 3.800 motion wherein he argued that his 45 year sentence is illegal. We remand for resentencing as the state agrees'that the 45 year sentence exceeds the 40 year maximum sentence permitted by statute for the offense of second degree murder. See Farmer v. State, 672 So. 2d 639 (Fla. 5th DCA 1996); Wright v. State, 600 So. 2d 11 (Fla. 4th DCA 1992).

. POLEN, C.J., TAYLOR and MAY, JJ., concur.


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  • …LEWIS, J. We have for review Friedman v. Heart Institute of Port St. Lucie, Inc., 806 So. 2d 625 (Fla. 4th DCA 2002), which expressly and directly conflicts with the decision in Rosen v. Zoberg, 680 So. 2d 1050 (Fla. 3d DCA 1996). Jurisdiction is proper under article V, section 3(b)(3) of the Florida Constitution. As explained herein, we approv…
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  • Rappaport v. Mercantile Bank, 17 So. 3d 902 (Fla. 2d DCA 2009)
  • Edwards v. Airline Support Grp., Inc., 138 So. 3d 1209 (Fla. 4th DCA 2014)
    …road relief against the transferee of a fraudulent transfer, including an injunction against further disposition of the asset or the appointment of a receiver to take charge of the asset.’ ”) (quoting Friedman v. Heart Inst, of Port St. Lucie, Inc., 806 So. 2d 625, 626-27 (Fla. 4th DCA 2002)) (emphasis added). Therefore, even if Edwards was both a transferor and transferee, the only actions relevant to an analysis of whether Florida’s long-arm statute applies are those actions related to Edwards’s role as a t…

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