JONATHAN TARELL FISHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2007-08-10
No. 5D06-3595
PALMER, C.J., THOMPSON and SAWAYA, JJ., concur.
963 So. 2d 297 Florida District Court of Appeal, Fifth District (2007) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Battle v. State, 911 So. 2d 85, 89 (Fla.2005) (holding fundamental error is that which reaches down into the trial’s validity to the extent that a guilty verdict could not have been obtained without the assistance of the error).

PALMER, C.J., THOMPSON and SAWAYA, JJ., concur.


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  • Lopez v. Hall, 233 So. 3d 451 (Fla. 2018)
    …ict with the Third District Court of Appeal’s decisions in Ratigan v. Stone, 947 So. 2d 607 (Fla. 3d DCA 2007), and Cisneros v. Cisneros, 831 So. 2d 257 (Fla. 3d DCA 2002), and with the Fifth District Court of Appeal’s decision in Dudley v. Schmidt, 963 So. 2d 297 (Fla. 5th DCA 2007), regarding whether an award of attorney’s fees pursuant to section 57.105, Florida Statutes (2013), is permissible in dating, repeat, and sexual violence injunction proceedings under section 784.046, Florida Statutes (2013).1 We…
  • Hall v. Lopez, 213 So. 3d 1003 (Fla. 1st DCA 2016)
    …in awarding such fees in the domestic violence injunction proceeding because there was no statutory authority for the award. 947 So. 2d 607, 608 (Fla. 3d DCA 2007) (citing Belmont, Abraham, Baumgartner, and Lewis). Furthermore, in Dudley v. Schmidt, 963 So. 2d 297, 297-98 (Fla. 5th DCA 2007), the Fifth District affirmed the trial court’s denial of section 57.105 attorney’s fees relating to a petition for injunction against repeat violence as follows: There is no basis for the imposition of attorney’s fees in…
  • Llompart v. Camejo, 50 So. 3d 793 (Fla. 3d DCA 2011)
    …[*794] SUAREZ, J. Affirmed. See Dudley v. Schmidt, 963 So. 2d 297 (Fla. 5th DCA 2007) (citing no statutory authority to award fees as sanctions in a domestic violence injunction proceeding); Bierlin v. Lucibella, 955 So. 2d 1206 (Fla. 4th DCA 2007) (holding that there must be a finding that the case failed to pres…

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