FRED A. BENTLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
FRED A. BENTLEY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
855 So. 2d 1273
Florida District Court of Appeal, Third District (2003)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We reverse the order denying defendant’s post-conviction relief motion as the record fails to show defendant affirmatively waived credit for time served in boot camp. Cozza v. State, 756 So. 2d 272, 273 (Fla. 3d DCA 2000). This cause is remanded with directions to enter a corrected sentencing order awarding the appropriate credit forthwith.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Mac-Gray Servs., Inc. v. DeGEORGE, 913 So. 2d 630 (Fla. 4th DCA 2005)…han mere puffing, the contract precludes reliance on them. A party cannot recover in fraud for alleged oral misrepresentations that are adequately covered or expressly contradicted in a later written contract. See Giallo v. New Piper Aircraft, Inc., 855 So. 2d 1273, 1275 (Fla. 4th DCA 2003); Peebles v. Sheridan Healthcare, Inc., 853 So. 2d 559, 562 (Fla. 4th DCA 2003). In this contract, the purchasers specifically agreed that the seller was not guaranteeing any level of profitability or income from the machine…
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John & Elaine Rose & State Farm Ins. Co. v. ADT Sec. Servs., Inc., 989 So. 2d 1244 (Fla. 1st DCA 2008)…Woodrow Homes Fla., Inc. v. 4/46-A Corp., 850 So. 2d 536, 542-13 (Fla. 5th DCA 2003); see also Aedes Mosquito Control, Inc. v. Springer Equip., Inc., 959 So. 2d 1208, 1209 (Fla. 1st DCA 2007)(citing with approval Giallo v. New Piper Aircraft, Inc., 855 So. 2d 1273, 1275 (Fla. 4th DCA 2003)(holding that a party could not recover from aircraft dealer for allegedly fraudulent statements that the new avionics system would “enhance the safety of the aircraft” where the subsequent written agreement disclaimed any o…
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Petit Paul Dorestin and Jeannette K. Dorestin v. Hollywood Imports, Inc., 45 So. 3d 819 (Fla. 4th DCA 2010)…financing.” “Assuming for purposes of argument that the oral statement is fraudulent, a party cannot recover for fraudulent oral representations which are covered in or contradicted by a later written agreement.” Giallo v. New Piper Aircraft, Inc., 855 So. 2d 1273, 1275 (Fla. 4th DCA 2003). A FDUTPA claim cannot be stated based upon oral representations which are in contradiction of written terms of a contract, because reliance on such representations is unreasonable as a matter of law. See Mac-Gray Serv., In…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Connor McDUFFIE v. Scotty's, Inc., 756 So. 2d 272 (Fla. 5th DCA 2000)
- Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000)