TYRELL JENNINGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2006-07-12
No. 4D05-1740
WARNER, KLEIN and GROSS, JJ., concur.
944 So. 2d 1036 Florida District Court of Appeal, Fourth District (2006) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court revoked appellant’s probation finding that appellant committed a theft of a firearm, possession of a firearm, escaping the probation office, and disguising his identity. We conclude that the court erred in finding that appellant had disguised his identity, because there was no evidence other than hearsay that the appellant had given a false name while being arrested. We accordingly reverse the violation on that ground. Because we affirm the remaining violations, which were more serious, there is no need to remand for reconsideration by the trial court.

Affirmed in part and reversed in part.

WARNER, KLEIN and GROSS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lohman v. Carnahan, 963 So. 2d 985 (Fla. 4th DCA 2007)
    …is not. A state of limbo exists when a divorce proceeding is pending and a marriage is on the road to dissolution. The bonds of matrimony are terminated by either death or a Chapter 61, Florida Statutes (2006), final judgment. See Marlowe v. Brown, 944 So. 2d 1036 (Fla. 4th DCA 2006). Under Florida Family Law Rule 12.420(a), the parties may file a voluntary dismissal without prejudice that does “not operate as an [*988] adjudication on the merits.” 1 The effect of a voluntary dismissal is “to remove completel…
  • Topol v. Joely Polokoff, 88 So. 3d 341 (Fla. 4th DCA 2012)
    …So. 2d 52, 54 (Fla. 4th DCA 2006) (citing Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla.2000)). The dissolution of marriage proceedings were properly dismissed upon the death of appellant’s husband. See Marlowe v. Brown, 944 So. 2d 1036, 1040 (Fla. 4th DCA 2006). In Marlowe, the husband died before the entry of a final judgment of dissolution of marriage. Before his death, at the beginning of the divorce case, he had entered into a “mediation settlement agreement.” Id. at 1037. The…
  • Mercurio v. Headrick, 983 So. 2d 773 (Fla. 1st DCA 2008)
    …ce action in which both parties filed petitions for dissolution, the Fourth District held, “The dissolution of marriage action terminated with the death of the husband and the dissolution judge should have dismissed the case upon the wife’s motion.” 944 So. 2d 1036, 1039 (Fla. 4th DCA 2006). Other cases reach a like result. See, e.g., Simpson v. Simpson, 473 So. 2d 299, 299 (Fla. 3d DCA 1985) (“We agree with the trial court that the action for dissolution of marriage terminated with the death of the wife and w…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw