DAVID FLEMING, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Bryan v. Bryan, 930 So. 2d 693 (Fla. 3d DCA 2006)
  …rlow, 875 So. 2d at 390 n. 5. The trial court actually ruled in the wife’s favor on her claim for assault and battery, even though the husband’s proposed final judgment suggested otherwise, and made other substantive changes. See Chivari v. Ferrell, 909 So. 2d 546 (Fla. 4th DCA 2005) (holding that Florida Supreme Court’s decision in Perlow was distinguishable “because the proposed judgment was furnished to the other side and afforded an opportunity to object, and because of the changes made in the judgment by…
• Hillier v. City OF Plantation, 935 So. 2d 105 (Fla. 4th DCA 2006)
  …s not a mandatory requirement. The essential requirement of Perloiv is notice to the other side of the submission of a proposed final judgment and the opportunity to object. See e.g. In re T.D., 924 So. 2d 827 (Fla. 2d DCA 2005); Chivari v. Ferrell, 909 So. 2d 546 (Fla. 4th DCA 2005); and DeMello v. Buckman, 916 So. 2d 882 (Fla. 4th DCA 2005). Reversal is not required simply because the court adopted a final judgment prepared by one of the parties where they have been given sufficient time to prepare and subm…
• Funderdome, LLC v. Woolbright Dev. (Fla. 4th DCA 2023)
  …d order outlined in Perlow v. Berg-Perlow, 875 So. 2d 383, 384 (Fla. 2004), as well as the prior judge’s posted rules. The successor judge should have granted reconsideration and independently reviewed the issues presented. See Chivari v. Ferrell, 909 So. 2d 546, 547 (Fla. 4th DCA 2005) (quoting Perlow, 875 So. 2d at 384); Empire World Towers, LLC v. CDR Créances, S.A.S., 89 So. 3d 1034, 1045 (Fla. 3d DCA 2012) (quoting Perlow, 875 So. 2d at 388–91). Notwithstanding this error, we are compelled to affirm t…

Authorities Cited

• Washington v. State, 895 So. 2d 1141 (Fla. 4th DCA 2005)