D.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
D.R., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
983 So. 2d 761
Florida District Court of Appeal, Fifth District (2008)
Positive Treatment
Cited by 13 cases
Opinion of the Court
PER CURIAM.
Appellant challenges his separate convictions on two counts of lewd and lascivious molestation based upon double jeopardy grounds. We conclude that the acts that gave rise to the separate charges arose from a single criminal episode. We remand this cause with instructions that the trial judge strike Appellant’s conviction as to one of the counts and resentence Appellant accordingly. King v. State, 834 So. 2d 311 (Fla. 5th DCA 2003).
REVERSED and REMANDED.
ORFINGER, TORPY and COHEN, JJ., concur.
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Charles v. Fla. Foreclosure Placement Ctr., LLC., 988 So. 2d 1157 (Fla. 3d DCA 2008)…me. Even if somewhat inartfully stated, we find that the allegations of the complaint were sufficient to [*1161] survive dismissal with prejudice, and, at a minimum, Charles should have been allowed to cure any defects. See Aspsoft, Inc. v. WebClay, 983 So. 2d 761, 768 (Fla. 5th DCA 2008) (finding that claims should not have been dismissed with prejudice where defects in the claims could be cured by future amendment); Gandy v. Trans World Computer Tech. Group, 787 So. 2d 116, 118 (Fla. 2d DCA 2001) (“A compla…
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In the Interest of K.M. v. Dep't of Child. & Fam. Servs., 86 So. 3d 556 (Fla. 2d DCA 2012)…oral motion during the hearing. Although DCFS contends that [*560] the mother’s failure to file exceptions to the magistrate’s report and recommendation waived the issues she now raises on appeal, we do not agree. Cf. Aspsoft, Inc. v. WebClay, Inc., 983 So. 2d 761, 764-65 n. 1 (Fla. 5th DCA 2008) (concluding that under Florida Rule of Civil Procedure 1.490(h), which is worded similarly to Florida Rule of Juvenile Procedure 8.257(f)— the juvenile rule of procedure on filing exceptions to a magistrate’s report…
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K.R. Exch. Servs., Inc. v. Fuerst, Humphrey, Ittleman, PL, 48 So. 3d 889 (Fla. 3d DCA 2010)…ach distinct claim in a separate count, rather than plead the various claims against all of the defendants together.5 See Fla. R. Civ. P. 1.110(f); Pratus v. City of Naples, 807 So. 2d 795, 797 (Fla. 2d DCA 2002); see also Aspsoft, Inc. v. Web-Clay, 983 So. 2d 761, 768 (Fla. 5th DCA 2008) (holding that plaintiffs complaint set forth defective claims by “impermissibly comingling separate and distinct claims” in a single count); Dubus v. McArthur, 682 So. 2d 1246, 1247 (Fla. 1st DCA 1996) (stating that the “tas…
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- King v. State, 834 So. 2d 311 (Fla. 5th DCA 2003)