STEVEN B. WASHINGTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
STEVEN B. WASHINGTON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
843 So. 2d 317
Florida District Court of Appeal, Third District (2003)
Negative Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We grant the appellant’s motion for rehearing, withdraw our prior opinion and substitute this opinion in its stead:
Based upon our recent decision in State v. Franklin, 836 So. 2d 1112 (Fla 3d. DCA 2003), we affirm the lower court’s denial of the appellant’s Motion to Correct Illegal Sentence pursuant to Rule 3.800, Fla. R.Crim. P., and certify conflict with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So. 2d 302 (Fla.2002).
Concurrence
GREEN, J.,
specially concurring.
The doctrine of stare decisis compels me to join in the reversal of this cause, but I continue to adhere to the view that Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So. 2d 302 (Fla.2002), was correct in its conclusion that Chapter Law 99-188, Laws of Florida, violates the single subject rule of the Florida Constitution, accord Carlson v. State, 27 Fla. L. Weekly D2162, — So. 2d -, 2002 WL 31202145 (Fla. 5th DCA Oct. 4, 2002).
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Ragle v. Ragle, 82 So. 3d 109 (Fla. 1st DCA 2011)…st. The party must demonstrate that there has been a substantial and material change of circumstances since the time of the final judgment of dissolution and that the welfare of the child will be promoted by the change in custody. Boykin v. Boykin, 843 So. 2d 317, 320 (Fla. 1st DCA 2003) (citations omitted); see also Jablon v. Jablon, 579 So. 2d 902, 903 (Fla. 2d DCA 1991) (holding court has considerably less discretion in a modification proceeding); Cooper v. Gress, 854 So. 2d 262, 267 (Fla. 1st DCA 2003) (…
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Cole D. Fahey v. Fahey, 213 So. 3d 999 (Fla. 1st DCA 2012)…ued an order incorporating the report. This appeal followed. Analysis A trial court reviews a magistrate’s report to ensure the magistrate’s findings are not clearly erroneous and that the magistrate has not misconstrued the law. Boykin v. Boykin, 843 So. 2d 317, 320 (Fla. 1st DCA 2003). Meanwhile, the trial court’s adoption of a magistrate’s report is reviewed for abuse of discretion. Brown v. Brown, 149 So. 3d 108, 110 (Fla. 1st DCA 2014). Under Florida law, parental rights may only be terminated through…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Gende v. Fla. Dep't of Child. & Families, 836 So. 2d 1112 (Fla. 3d DCA 2003)