WILLIAM MALOY, II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s convictions for tampering with evidence, possession of drug paraphernalia, and resisting an officer without violence. The trial court did not abuse its discretion by disallowing appellant to display the inside of his mouth to a state witness during cross examination. Appellant did not seek to display the inside of his mouth to the jury once the state had rested. Therefore, appellant failed to preserve any objection by obtaining a definitive ruling on the issue of the closing argument “sandwich.” See Carratelli v. State, 832 So. 2d 850, 856 (Fla. 4th DCA 2002) (stating that “[a] plethora of Florida cases support the notion that a party must obtain a ruling from the trial court in order to preserve an issue for appellate review”); Marin v. State, 624 So. 2d 808 (Fla. 3d DCA 1993) (concerning a defendant’s right to open and close final argument). We also reject appellant’s claim on direct appeal that trial counsel provided him with ineffective assistance of counsel. See Dennis v. State, 696 So. 2d 1280 (Fla. 4th DCA 1997).
WARNER, KLEIN and GROSS, JJ., concur.
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Ochalek v. Rivera, 232 So. 3d 1050 (Fla. 4th DCA 2017)…and an opportunity to be heard-including the opportunity to present witnesses and other evidence.” Id. We have reversed orders when they failed to contain factual findings or state the basis for awarding personal sanctions. Rickard v. Bornscheuer, 937 So. 2d 311, 311 (Fla. 4th DCA 2006). Similarly, we have reversed orders where notice and an opportunity to be heard are lacking. Id. Hei’e, the trial court failed to make an express finding of bad faith conduct. It failed to make any detailed factual findings…
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Assimenios v. Telis Assimenios, 153 So. 3d 345 (Fla. 1st DCA 2014)…roper. Cf. Rojo v. Rojo, 84 So.Sd 1259, 1262 (Fla. 3d DCA 2012) (reversing contempt sanctions for the former wife’s failure to send a child to visit her father where there was no showing that she had the ability to do so); see Rickard v. Bomscheuer, 937 So. 2d 311, 311 (Fla. 4th DCA 2006) (requiring notice and an opportunity to be heard before the imposition of sanctions). We also reverse the portion of the order imputing income to the former wife and remand the case to the trial court to reconsider that issu…
Authorities Cited
- Carratelli v. State, 832 So. 2d 850 (Fla. 4th DCA 2002)
- Shawanna Dennis v. State, 696 So. 2d 1280 (Fla. 4th DCA 1997)
- Fidel Marin v. State, 624 So. 2d 808 (Fla. 3d DCA 1993)