ARRON FELTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the minimum mandatory provision was improperly included in the written sentence and that costs imposed in favor of the Sheriff were erroneous.
Defendant pleaded no contest to robbery and attempted robbery charges and was sentenced. He filed a motion to correct sentencing errors, which was dee…
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PER CURIAM.
Defendant entered a no contest plea in two separate cases charging robbery with a deadly weapon while wearing a mask and attempted robbery with a deadly weapon. He was duly sentenced and filed a timely rule 3.800(b)(2) motion to correct sentencing errors. Because the trial judge entered no ruling on his motion within the time prescribed by rule 3.800(b)(1)(B), the motion is deemed denied. He appeals.
We accept the State’s concession of error as to the first issue. We agree that the 10-year minimum mandatory provision on the robbery charge in the second ease (number 2002-2571 CF) was not pronounced at sentencing, and consequently the written sentence is in error. We strike the minimum mandatory provision from the written sentence.
As to the second issue, the trial court imposed prosecution and investigating costs in favor of the Sheriff. The State also correctly concedes that this was error. To impose costs under section 938.27, Florida Statutes (2003), the agency expending the costs must specifically request reimbursement and provide documentation to the court. Ortiz v. State, 884 So. 2d 77, 78 (Fla. 2d DCA 2004). No such request or documentation was made or provided. We therefore reverse the imposition of these costs.
STONE, POLEN and FARMER, JJ., concur.
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Chambers v. State, 217 So. 3d 210 (Fla. 4th DCA 2017)…ocedure is followed.” Forbes, 127 So. 3d at 826. We also reverse the trial court’s imposition of a $50 charge for investigative costs where the record does not demonstrate that the state requested reimbursement for these costs. See Felton v. State, 939 So. 2d 1159, 1159 (Fla. 4th DCA 2006). On remand, the trial court shall strike imposition of these costs, but because the state did not request these investigative costs below, the trial court may not reimpose these costs. See Mills v. State, 177 So. 3d 984, 98…
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Ibis Lakes Homeowners Ass'n, Inc. v. Ibis Isle Homeowners Ass'n, Inc., 102 So. 3d 722 (Fla. 4th DCA 2012)…sis added). “A party claiming waiver of arbitration must demonstrate: 1) knowledge of an existing right to arbitrate and 2) active participation in litigation or other acts inconsistent with the right.” Inverrary Gardens Condo. I Ass’n, v. Spender, 939 So. 2d 1159, 1161 (Fla. 4th DCA 2006) (quoting Breckenridge v. Farber, 640 So. 2d 208, 211 (Fla. 4th DCA 1994)). In this regard, this Court, as well as the other district courts, has held that “propounding discovery directed to the merits of pending litigation…
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Strominger v. AmSOUTH Bank, 991 So. 2d 1030 (Fla. 2d DCA 2008)…and moving for summary judgment. The decision to file a motion for summary judgment on the merits is a specific action that is generally considered to be inconsistent with the right to arbitrate. See Inverrary Gardens Condo. Ass’n, Inc. v. Spender, 939 So. 2d 1159, 1161-62 (Fla. 4th DCA 2006); Woodall v. Green Tree Fin. Servicing Corp. 755 So. 2d 681, 682 (Fla. 4th DCA 1999); Lapidus v. Arlen Beach Condo. Ass’n, Inc., 394 So. 2d 1102, 1103 (Fla. 3d DCA 1981).2 AmSouth Bank essentially presents three argument…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ortiz v. State, 884 So. 2d 77 (Fla. 2d DCA 2004)