JOSEPH FABIANI, APPELLANT,
v.
LINDA J. FABIANI, APPELLEE
JOSEPH FABIANI, APPELLANT,
LINDA J. FABIANI, APPELLEE
849 So. 2d 1183
Florida District Court of Appeal, Fourth District (2003)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In this appeal of a dissolution judgment, we conclude that the trial court did not err in distributing marital assets and liabilities, but reverse the alimony award" because the court failed to make the findings of fact required by section 61.075(8), Florida Statutes. Ondrejack v. Ondrejack, 839 So. 2d 867 (Fla. 4th DCA 2003). We find no other error and accordingly remand for further proceedings in which the court shall have the discretion to consider additional evidence relating to the issue of alimony.
WARNER, KLEIN and SHAHOOD, JJ., concur.
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Lamm v. State, 871 So. 2d 918 (Fla. 5th DCA 2004)…rdingly, we strike the three-year mandatory minimum portion of Lamm’s sentence and direct that upon remand the trial court enter a corrected sentencing order. The defendant need not be present for this correction of sentence. See Trumbower v. State, 849 So. 2d 1183 (Fla. 2d DCA 2003)(holding that defendant did not need to be present for resentenc-ing when the only change required on remand was to remove a three-year mandatory minimum term). Judgment AFFIRMED; sentence AFFIRMED as corrected; cause REMANDED for…
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Escobedo v. State, 851 So. 2d 865 (Fla. 2d DCA 2003)…nder the Criminal Punishment Code for conspiracy to traffic in cocaine. We reverse in part and remand to the trial court only to strike the mandatory minimum term. Escobedo need not be present for this correction of sentence. See Trumbower v. State, 849 So. 2d 1183, 2003 WL 21697326 (Fla. 2d DCA July 23, 2003) (directing that the defendant did not need to be present for resentencing when the only change required on remand was to remove a three-year mandatory minimum term that had been included in a ten-year se…
Authorities Cited
- Ondrejack v. Ondrejack, 839 So. 2d 867 (Fla. 4th DCA 2003)