TONY SELLERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court reversed the trial court's judgment, finding that the seller was entitled to retain the non-refundable deposit despite a delay in closing, as the contract did not specify time was of the essence and the buyer had accepted the aircraft on an 'as is' basis.
The court held that the seller was entitled to retain the non-refundable deposit because the contract did not make time of the essence, and the buyer's acceptance of the aircraft on an 'as is' basis, followed by failure to perform an acceptance flight, did not entitle the buyer to a return of the deposit.
Atlanta Jet (Seller) and Liberty Aircraft (Purchaser) contracted for the sale of an aircraft, with a non-refundable deposit released to the Seller upo…
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Sellers appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking post-conviction relief. He was sentenced to 50.88 months in prison, which included a three-year minimum mandatory term for the offense of trafficking in 28 grams or more of cocaine.1 He argues that the minimum mandatory term is illegal because it was imposed pursuant to Chapter 99-188, which was found to be unconstitutional because it violates the single-subject rule.2
This court has held that the constitutional violation in Chapter 99-188 has been retroactively cured. See Jackson v. State, 847 So. 2d 1038 (Fla. 5th DCA 2003). However, as we did in that case, we certify a conflict with Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003).
AFFIRMED.
SAWAYA, C.J., and THOMPSON, J., concur. . § 893.135(l)(b)l.a., Fla. Stat. (2000).
. Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), rev. dismissed, 821 So. 2d 302 (Fla. 2002), superseded by statute, Herndon v. State, 842 So. 2d 1026 (Fla. 2d DCA 2003).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jackson v. State, 855 So. 2d 178 (Fla. 4th DCA 2003)…has the right to make tactical changes in his defense as the trial progresses and the state could have reminded the jury in closing argument that the representations of defense counsel cannot be considered as evidence. Id.; see also Turner v. State, 851 So. 2d 276, 278-79 (Fla. 4th DCA 2003). Misconduct by the defense in opening statement which rises to the level necessitating a mistrial typically involves comments on evidence that the jury is not permitted to hear or presentation by the defense of perjured…
Authorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)
- Jackson v. State, 847 So. 2d 1038 (Fla. 5th DCA 2003)
- Herndon v. State, 842 So. 2d 1026 (Fla. 2d DCA 2003)