DELBRIDGE EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2003-11-06
No. 1D02-4135
BOOTH, DAVIS & PADOVANO, JJ., concur.
858 So. 2d 394 Florida District Court of Appeal, First District (2003) Positive Treatment
Cited by 28 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Delbridge Edwards, appeals the orders revoking probation in two separate cases. We conclude that the trial court was without jurisdiction to revoke the appellant’s probation in case number 97-367, because he was no longer on probation for the offense in that case when the revocation process was set in motion. Accordingly, we reverse and remand with directions to vacate the order revoking probation and imposing the judgment and sentence in case number 97-367. Because the appellant’s arguments regarding the revocation in case number 97-832 are without merit, the order revoking probation in that case is affirmed.

Affirmed in Part and Reversed in Part.

BOOTH, DAVIS & PADOVANO, JJ., concur.


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  • Asher G. Sullivan, Jr. v. Fla. Dep't OF Env't Prot., 890 So. 2d 417 (Fla. 1st DCA 2004)
    …le statutory interpretation adopted by an administrative agency.” Id. “If the agency’s interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed,” Fla. Dep’t of Educ. v. Cooper, 858 So. 2d 394, 396 (Fla. 1st DCA 2003), but “judicial adherence to the agency’s view is not demanded when it is contrary to the statute’s plain meaning.” Werner v. Dep’t of Ins. & Treasurer, 689 So. 2d 1211, 1214 (Fla. 1st DCA 1997) (quoting PAC for Equal, v. Dep…
  • Perez v. Rooms TO GO & Broadspire Servs., Inc., 997 So. 2d 511 (Fla. 1st DCA 2008)
    …f the employee, the carrier shall give the employee the opportunity for one change of physician during the course of treatment for any one accident. In construing a statute, this court looks to its plain language. See Fla. Dep’t of Educ. v. Cooper, 858 So. 2d 394, 396 (Fla. 1st DCA 2003). Section 440.13(2)(f) is unambiguous. It clearly states that claimants are only entitled to one change of physician while being treated for any one accident. Thus, the statute does not entitle a claimant to a one-time change…
  • Kessler v. Dep't of Mgmt. Servs., 17 So. 3d 759 (Fla. 1st DCA 2009)
    …ed with the plain language of the statute or rule, taken as a whole: “If the agency’s interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed,” Fla. Dep’t of Educ. v. Cooper, 858 So. 2d 394, 396 (Fla. 1st DCA 2003), but “judicial adherence to the agency’s view is not demanded when it is contrary to the statute’s plain meaning.” Werner v. Dep’t of Ins. & Treasurer, 689 So. 2d 1211, 1214 (Fla. 1st DCA 1997) (quoting PAC for Equal. v. Dep…

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