JOSEPH STAFFORD AND KATHLEEN STAFFORD, APPELLANTS,
v.
WAYNE FRIER MANUFACTURED HOME, ETC., ET AL., APPELLEES

Fla. 5th DCA | 2003-02-14
No. 5D02-1569
REVERSED and REMANDED; ORDER VACATED PETERSON, PLEUS and PALMER, JJ., concur.
837 So. 2d 587 Florida District Court of Appeal, Fifth District (2003) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal of a non-final order granting the motion of Wayne Frier Manufactured Home Center of Homosassa Springs, Inc. and Wayne Frier Mobile Home Sales, Inc. to submit an amended complaint of Joseph and Kathleen Stafford to arbitration. Millicent and Albert K. Morrell, Sr. are co-plaintiffs with the Staffords in Morrell v. Wayne Frier Manufactured Home Center, 834 So. 2d 395 (Fla. 5th DCA 2003) in which the facts of this case are described.

The decision in Morrell is dispositive of the issue in this case. We vacate the May 7, 2002 order submitting the amended complaint to arbitration and remand to the circuit court for further proceedings.

REVERSED and REMANDED; ORDER VACATED PETERSON, PLEUS and PALMER, JJ., concur.


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  • State v. Florida, 894 So. 2d 941 (Fla. 2005)
    …Fourth District Court of Appeal held that the dual convictions violated the Double Jeopardy Clauses of the state and federal constitutions.1 The Fourth District acknowledged that its decision is in express and direct conflict with Schirmer v. State, 837 So. 2d 587, 589 (Fla. 5th DCA 2003), in which the Fifth District Court of Appeal affirmed convictions for attempted second-degree murder and aggravated battery for a single stabbing. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons that…
  • Gutierrez v. State, 860 So. 2d 1043 (Fla. 5th DCA 2003)
    …ense of the attempted murder. See also Florida v. State, 855 So. 2d 109 (Fla. 4th DCA 2003). In denying Gutierrez relief, the trial court properly recognized that it was bound by the contrary precedent from this [*1046] court. In Schirmer v. State, 837 So. 2d 587 (Fla. 5th DCA 2003), the defendant was convicted of attempted second-degree murder with a weapon and aggravated battery with a deadly weapon or causing great harm. Both convictions were based on the defendant stabbing the victim with a knife. In con…
  • Florida v. State, 855 So. 2d 109 (Fla. 4th DCA 2003)
    …indicates that appellant was convicted of both aggravated battery of a law enforcement officer and attempted second degree murder for shooting at the officer. We acknowledge that our decision in this case expressly conflicts with Schirmer v. State, 837 So. 2d 587, 589 (Fla. 5th DCA 2003), in which the fifth district concluded that double jeopardy did not bar dual convictions for aggravated battery with a deadly weapon and attempted second degree murder where both criminal charges related to the same act — th…

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