IN RE THE COMMITMENT OF LOUIS SANTIAGO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 2d DCA | 2003-02-19
No. 2D02-2194
DAVIS and COVINGTON, JJ., and GREEN, OLIVER L., Senior Judge, Concur.
839 So. 2d 788 Florida District Court of Appeal, Second District (2003) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The issues raised in Louis Santiago’s petition for writ of certiorari are controlled by this court’s recent opinion in Smith v. State, 827 So. 2d 1026 (Fla. 2d DCA 2002). In accord with Smith, we grant the petition, vacate the trial court’s order, and remand for further proceedings.

DAVIS and COVINGTON, JJ., and GREEN, OLIVER L., Senior Judge, Concur.


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  • Hutto v. Hutto, 842 So. 2d 994 (Fla. 2d DCA 2003)
    …8) (holding that the trial judge’s “musings were nothing more than impressions of the case ... formed during the presentation of evidence, which case law properly recognizes is an inevitable by-product of human decision-making”); Fisher v. Smithson, 839 So. 2d 788, 789 (Fla. 4th DCA 2003) (holding that trial court’s statement regarding length of jury deliberations “must be interpreted as no more than extraneous judicial musings”). Only after the trial court enters its written final judgment should a party reg…
  • Wiggins v. Samuel H. Sadow, M.D., 925 So. 2d 1152 (Fla. 4th DCA 2006)
    …as well presented by the lawyers, the court concluded that the case simply presented disputed issues of fact which the jury resolved. It thus denied the motion. We find no abuse of discretion in the court’s ruling. Wiggins cites Fisher v. Smithson, 839 So. 2d 788 (Fla. 4th DCA 2003), and Gonzalez v. Ravirifici, 745 So. 2d 1145 (Fla. 3d DCA 1999), as authority for his position that a new trial should have been granted, but in each of those cases the appellate court affirmed an order of the trial court grantin…

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