DONALD BRADLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Vindictive Sentencing cases and more on FLexlaw
PER CURIAM.
Affirmed. See Gipson v. State, 616 So. 2d 992 (Fla.1993); State v. McCloud, 577 So. 2d 939 (Fla.1991); Castle v. State, 330 So. 2d 10 (Fla.1976); Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA), review denied, 888 So. 2d 621 (Fla.2004); Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002); Ishmael v. State, 735 So. 2d 509 (Fla. 2d DCA 1999); Plowman v. State, 586 So. 2d 454 (Fla. 2d DCA 1991); Middleton v. State, 721 So. 2d 792 (Fla. 3d DCA 1998).
After this court held in Boyd, 880 So. 2d at 728, that a claim of vindictive sentencing is not cognizable in a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), the Fifth District in Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004), reversed a circuit court order denying a rule 3.800(a) motion and remanded for consideration of the claim of vindictive sentencing raised in the motion. We certify direct conflict with Johnson.
Affirmed; conflict certified.
ALTENBERND, C.J., and NORTHCUTT and STRINGER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Diamond "S" Dev. Corp. v. Mercantile Bank, 989 So. 2d 696 (Fla. 1st DCA 2008)…for appellee should be affirmed under a “constructive trust theory of recovery.” However, a constructive trust is not a traditional cause of action, but an equitable remedy that must be based upon an established cause of action. Collinson v. Miller, 903 So. 2d 221, 228 (Fla. 2d DCA 2005). Because appellee cannot advance the theory of unjust enrichment for recovery, it has no constructive trust remedy. Accordingly, we reverse the judgments against appellants for unjust enrichment and remand with directions tha…
-
Joseph v. Chanin, 940 So. 2d 483 (Fla. 4th DCA 2006)…th DCA 2005), and Bruns v. Bruns, 682 So. 2d 1159 (Fla. 4th DCA 1996), support her cause of action at law for conversion. However, both San-dler and Bruns involved the imposition of a constructive trust, an equitable remedy. See Collinson v. Miller, 903 So. 2d 221, 228 (Fla. 2d DCA 2005). The essence of Sandler and Bruns is that where one joint owner of funds has wrongfully transferred money from a joint account, the other joint owner may seek the imposition of a constructive trust over the transferred funds…
-
Swope Rodante, P.A. v. Harmon, 85 So. 3d 508 (Fla. 2d DCA 2012)…firm the result but for a different reason than espoused by the trial court. In 2005, this court held that “[a] constructive trust ... is not a traditional cause of action; it is more accurately defined as an equitable remedy.” Collinson v. Miller, 903 So. 2d 221, 228 (Fla. 2d DCA 2005). Therefore, “[b]ecause a constructive trust is a remedy, it must be imposed based upon an established cause of action.” Id. We continue to follow this rule. B & C Investors, Inc. v. Vojak, 79 So. 3d 42 (Fla. 2d DCA 2011) (aff…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. McCLOUD, 577 So. 2d 939 (Fla. 1991)
- Darion Northrup Castle v. State, 330 So. 2d 10 (Fla. 1976)
- Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004)
- Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002)
- Middleton v. State, 721 So. 2d 792 (Fla. 3d DCA 1998)
- Plowman v. State, 586 So. 2d 454 (Fla. 2d DCA 1991)
- Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004)
- Boyd v. State, 888 So. 2d 621 (Fla. 2004)
- Gipson v. State, 616 So. 2d 992 (Fla. 1993)
- Ishmael v. State, 735 So. 2d 509 (Fla. 2d DCA 1999)