CARLOS DURAN, APPELLANT,
v.
DOUGLAS LAPIN, APPELLEE
CARLOS DURAN, APPELLANT,
DOUGLAS LAPIN, APPELLEE
971 So. 2d 913
Florida District Court of Appeal, Third District (2007)
Negative Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We affirm the order striking the appellant’s pleadings. Trial courts have discretion to strike a party’s pleadings or dismiss claims for fraud on the court. See Rios v. Moore, 902 So. 2d 181 (Fla. 3d DCA 2005); Storm v. Allied Universal Corp., 842 So. 2d 245 (Fla. 3d DCA 2003); O'Vahey v. Miller, 644 So. 2d 550 (Fla. 3d DCA 1994). The record before us does not support the appellant’s contention that the trial court abused its discretion in this regard.
Affirmed.
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State v. Rabedeau, 2 So. 3d 191 (Fla. 2009)…PER CURIAM. This case is before the Court for review of the decision of the Fifth District Court of Appeal in Rabedeau v. State, 971 So. 2d 913 (Fla. 5th DCA 2007). The district court certified that its decision is in direct conflict with the decision of the Second District Court of Appeal in Gisi v. State, 948 So. 2d 816 (Fla. 2d DCA 2007). Rabedeau, 971 So. 2d at 914. We have jurisdiction…
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Gisi v. State, 4 So. 3d 613 (Fla. 2009)…ORIGINAL CONCURRENT SENTENCES? Id. at 820. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We have resolved this issue and answered the certified question in the affirmative in our review and approval of the decision in Rabedeau v. State, 971 So. 2d 913 (Fla. 5th DCA 2007). See State v. Rabedeau, 2 So. 3d 191 (Fla. 2009). Accordingly, for the reasons set out in Rabedeau, we answer the certified question in the affirmative, quash the decision under review and remand for further proceedings consisten…
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Kovaleski v. State, 1 So. 3d 254 (Fla. 4th DCA 2009)…is accordingly without merit. We do agree that appellant should have received credit for time served for each of his fifteen year consecutive sentences after re-trial, and that the court erred in not giving that credit. He cites Rabedeau v. State, 971 So. 2d 913 (Fla. 5th DCA 2007), review granted, 975 So. 2d 429 (Fla.2008), in which the defendant was sentenced to three concurrent terms of five years, followed by three concurrent nine year probationary terms. After release, he violated probation and was sen…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State Farm Mut. Auto. Ins. Co. v. Ortega, 644 So. 2d 550 (Fla. 3d DCA 1994)
- Ike Hester v. State, 902 So. 2d 181 (Fla. 3d DCA 2005)
- Rios v. Moore, 902 So. 2d 181 (Fla. 3d DCA 2005)
- Randall v. State, 842 So. 2d 245 (Fla. 2d DCA 2003)
- Storm v. Allied Universal Corp., 842 So. 2d 245 (Fla. 3d DCA 2003)