MICHAEL RIVERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL RIVERA, APPELLANT,
STATE OF FLORIDA, APPELLEE
898 So. 2d 1208
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We affirm the revocation of appellant’s probation. The State concedes that the sentencing order contains an apparent scrivener’s error since the trial court credited the appellant with all time previously served in prison on the original split-sentence for counts I-IV, but unlike the prison credit blocks on the sentencing order for counts I — III, the prison credit block for count IV was not checked.1 We therefore remand to the trial court to correct this error. Affirmed and remanded for correction of the sentencing order. FARMER, C.J., STONE and STEVENSON, JJ., concur. . The prison credit block reads:
"It is further ordered that the defendant be allowed credit for all time previously served on this count in the Department of Corrections prior to sentencing.”
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Smith v. City OF Panama City, 951 So. 2d 959 (Fla. 1st DCA 2007)…nction.” Id. at 500. It found that “[t]he trial court’s failure to consider the Kozel factors in determining whether dismissal was appropriate is, by itself, a basis for remand for application of the correct standard.” Id. In Tianvan v. AVCO Corp., 898 So. 2d 1208, 1209 (Fla. 4th DCA 2005), the court reversed the dismissal of a complaint with prejudice as a sanction for discovery violations, finding that “the trial court failed to make express written findings of fact supporting the conclusion that the failur…
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Arkiteknic, Inc. v. United Glass Laminating, Inc., 53 So. 3d 366 (Fla. 3d DCA 2011)…18 (Fla.1993). To ensure that the sanction of dismissal is prudently applied, trial courts must first make certain preliminary findings of fact. Alvarado v. Snow White & the Seven Dwarfs, Inc., 8 So. 3d 388 (Fla. 3d DCA 2009); Tianvan v. AVCO Corp., 898 So. 2d 1208, 1209 (Fla. 4th DCA 2005). These findings must address: 1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whet…
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Yalila Alvarado and Wilfredo Alvarado, Jr. v. Snow White & the Seven Dwarfs, Inc., 8 So. 3d 388 (Fla. 3d DCA 2009)…would fail to achieve a just result.” Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla.1993). To ensure that the sanction of dismissal is prudently applied, trial courts must first [*389] make certain preliminary findings of fact. Tianvan v. AVCO Corp., 898 So. 2d 1208, 1209 (Fla. 4th DCA 2005). These findings must address: 1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whet…
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