DANIEL PEREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PALMER, J.
Daniel Perez appeals from the trial court’s order revoking his probation and sentencing him to a term of 40 months in prison. Although the trial court issued a ruling from the bench finding that the defendant had violated his probation and stating the conditions which had been violated, the trial court failed to enter an order that set forth in writing the conditions that were found to have been violated. Since the trial court’s findings are supported by competent, substantial evidence and, if reduced to writing, would be adequate to sustain the trial court’s conclusion of a willful and substantial violation of probation, we affirm the revocation of probation, but remand the matter for entry of a proper order. See Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004).
AFFIRMED, REMANDED for entry of proper order. PLEUS, C.J. and TORPY, J., concur.
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Davell Kavon Knight v. State, 187 So. 3d 307 (Fla. 5th DCA 2016)…indicates that the written order on appeal does not set forth the specific condition of probation which was violated. We therefore remand this matter for the entry of a proper order specifying the condition of probation violated. See Perez v. State, 958 So. 2d 1076, 1076 (Fla. 5th DCA 2007). [*311] AFFIRMED; REMANDED for entry of proper order. PALMER and ORFINGER, JJ,, concur. . Condition five of Knight’s probation required that he not violate any laws. Knight was also charged with violating other conditions…
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Schornberg v. Panorama Custom Homebuilders, Inc., 972 So. 2d 243 (Fla. 2d DCA 2007)…rred because they did not file suit within one year of discovering the latent construction defects. Our disposition of this appeal relates to either basis. Applicable Law We review a final summary judgment de novo. Wells v. City of St. Petersburg, 958 So. 2d 1076 (Fla. 2d DCA 2007). We require “ ‘[t]he movant for summary judgment [to bear] the burden of demonstrating conclusively that the nonmoving party cannot prevail. If the record raises even the slightest doubt that an issue might exist, summary judgment…
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Woodman v. State, 187 So. 3d 369 (Fla. 5th DCA 2016)…ng an open plea. However, because the written order on appeal does not set forth the specific condition of probation that was violated, we remand for the entry of a proper order that specifies the condition of probation violated. See Perez v. State, 958 So. 2d 1076, 1076 (Fla. 5th DCA 2007). AFFIRMED; REMANDED for entry of proper order. BERGER, LAMBERT, and EDWARDS, JJ., concur.…
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- Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004)
- Sibley v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004)