AMANDA WALKER, APPELLANT,
v.
JOHN B. WALKER, APPELLEE
AMANDA WALKER, APPELLANT,
JOHN B. WALKER, APPELLEE
983 So. 2d 706
Florida District Court of Appeal, Fifth District (2008)
Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.
The trial court properly denied the former wife’s motion to strike the former husband’s motion to re-establish visitation. The former husband was not required to file a supplemental petition seeking the reestablishment of his visitation rights where those rights had been suspended pursuant to the trial court’s ex parte “Order to Pick-Up Minor Child.” Contrary to the former wife’s assertions, an emergency pick-up order is not a final judgment.
AFFIRMED.
PLEUS, EVANDER and COHEN, JJ., concur.
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Mendenhall v. State, 48 So. 3d 740 (Fla. 2010)…st- and second-degree murder while discharging a firearm and inflicting great bodily harm is the same — life. Id. (quoting Sanders, 944 So. 2d at 205). Finally, the Fifth District found additional support in its earlier decision in Brown v. State, 983 So. 2d 706 (Fla. 5th DCA 2008), in which it had “recognized that the imposition of a mandatory minimum sentence in excess of the maximum penalty was indeed permissible based upon special findings such as those found in this case.” Mendenhall, 999 So. 2d at 669…
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Wooden v. State, 42 So. 3d 837 (Fla. 5th DCA 2010)…ty-five years to life imprisonment. However, once the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty year maximum penalty for a first degree felony under section 775.082(3)(b). Brown v. State, 983 So. 2d 706 (Fla. 5th DCA 2008). The twenty-five year to life minimum mandatory range under section 775.087(2)(a)(3) does not create a new statutory maximum penalty of life imprisonment. See Broim; Yasin v. State, 896 So. 2d 875 (Fla. 5th DCA 2005).1 On remand…
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Mendenhall v. State, 999 So. 2d 665 (Fla. 5th DCA 2008)…d inflicting great bodily harm is the same — life. Sanders v. State, 944 So. 2d 203, 205 (Fla. 2006). [*669] Additional support for our conclusion that the trial court’s original sentence was proper is found in our recent opinion in Brown v. State, 983 So. 2d 706 (Fla. 5th DCA 2008). In Brown, we recognized that the imposition of a mandatory minimum sentence in excess of the maximum penalty was indeed permissible based upon special findings such as those found in this case. Notably, in Brown, the panel cited…
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