ROBERT BLAIR SCHARMEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT BLAIR SCHARMEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
921 So. 2d 5
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Therrien v. State, 859 So. 2d 585 (Fla. 1st DCA 2003), review pending, No. SC03-2219 (Fla. Dec. 18, 2003).
ALLEN, KAHN and POLSTON, JJ., concur.
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Silver Beach Invs. OF Destin, LC v. Silver Beach Towers Prop. Owners Ass'n, Inc., 223 So. 3d 997 (Fla. 2017)…, LC, 42 Fla. L. Weekly D442, — So. 3d -, 2017 WL 672138 (Fla. 1st DCA Feb. 21, 2017). In support of this novel principle of law, the First District relied on two prior decisions from the Second District reaching similar conclusions—Platt v. Russek, 921 So. 2d 5, 7-8 (Fla. 2d DCA 2004), and Waller v. PSA Group, Inc., 606 So. 2d 1234, 1235 (Fla. 2d DCA 1992). The First District also noted that its decision was in express and direct disagreement with the decision of the Third District in Mellon United Nationa…
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Silver Beach Towers Prop. Owners Ass'n, Inc. v. Silver Beach Invs. OF Destin, LC, 231 So. 3d 494 (Fla. 1st DCA 2017)…or the payment of money. The Third District has answered this question in the affirmative. See Mellon United Nat’l Bank v. Cochran, 776 So. 2d 964, 964 (Fla. 3d DCA 2000). The Second District has reached the opposite conclusion. See Platt v. Russek, 921 So. 2d 5, 7-8 (Fla. 2d DCA 2004); Waller v. DSA Group, Inc., 606 So. 2d 1234, 1235 (Fla. 2d DCA 1992). This court has not yet weighed in on the issue, but we now hold, along with the Second District, that rule 9.310(b)(1) is not the only avenue for obtaining…
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Authorities Cited
- Therrien v. State, 859 So. 2d 585 (Fla. 1st DCA 2003)