ROBERTO SANCHEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERTO SANCHEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
848 So. 2d 1188
Florida District Court of Appeal, Third District (2003)
Caution
Cited by 13 cases
Opinion of the Court
PER CURIAM.
Affirmed on the authority of State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003). Conflict is certified with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), rev. dismissed, 821 So. 2d 302 (Fla.2002).
SCHWARTZ, C.J., and RAMIREZ, J., concur.
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.
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Bryant v. Wells Fargo Bank, N.A., 182 So. 3d 927 (Fla. 3d DCA 2016)…DCA 2007) (stating that order-directing the issuance of writ of possession is subject to interlocutory review as an ■ order that determines “the right to immediate possession of property” under Rule 9.130(a)(3)(C)(ii)); cf. First Hanover v. Vazquez, 848 So. 2d 1188 (Fla. 3d DCA 2003) (finding that order denying writ of possession, within .^context- of landlord-tenant statute appealable as non-final order under Rule 9.130(a)(3)(C)(ii)). • As with review of a final order, in order to invoke this Court’s! jurisdi…
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Miami-Dade Cnty. v. Adolfo Perez, 988 So. 2d 40 (Fla. 3d DCA 2008)…it of possession if the accrued rent is not paid into the registry of the court, we have held that an order denying the statutory relief does determine the right to possession and is therefore appealable as a non-final order. See Hanover v. Vazquez, 848 So. 2d 1188 (Fla. 3d DCA 2003). That exception has no application here. The County, in urging us to find jurisdiction because the order denying the County’s motion “passed upon” the right to immediate possession, cites Fed. Home Loan Mortgage Corp. v. Molko, 5…
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Dalia Minalla v. Equinamics Corp., 954 So. 2d 645 (Fla. 3d DCA 2007)…. 2d 672, 673 (Fla. 3d DCA 2003)(reversing a motion to pay accrued “rent” into the registry of the court where the trial court “construed the agreement between Blanco and Novoa to be a [true] lease” rather than a mortgage); First Hanover v. Vazquez, 848 So. 2d 1188 (Fla.3d DCA 2003)(affirming the grant of a motion for default and non-payment of rent where tenant ratified the conveyance of property by bringing action for damages for fraudulent inducement apparently without placing title in issue). As in Frey, t…1 / 2
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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)