MICHAEL J. GUSTAFSON, APPELLANT,
v.
MARCIA L. GUSTAFSON, APPELLEE

Fla. 4th DCA | 2008-11-12
No. 4D08-1689
SHAHOOD, C.J., FARMER and GROSS, JJ., concur.
995 So. 2d 1047 Florida District Court of Appeal, Fourth District (2008) Caution
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse that portion of the March 8, 2008 order holding the former husband in contempt. The provisions of the September 19, 2006 order were too imprecise to support the finding of contempt. For future reference, we note that the provisions of the March 8 order in paragraph 1 at pages 7-8 have the precision that the earlier order was lacking.

Reversed and remanded.

SHAHOOD, C.J., FARMER and GROSS, JJ., concur.


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  • Benny Arzola Martinez v. State, 216 So. 3d 734 (Fla. 4th DCA 2017)
    …f reflects that prevalent theme: Manifest injustice occurs only when the application of collateral estoppel would result in the defendant serving a longer illegal sentence than a restructured legal sentence imposed upon remand. See Brinson v. State, 995 So. 2d 1047, 1049 (Fla. 2d DCA 2008); Allen v. State, 989 So. 2d 731, 732 (Fla. 4th DCA 2008); King v. State, 974 So. 2d 632, 634 (Fla. 4th DCA 2008); Morrison v. State, 932 So. 2d 533, 534 (Fla. 3d DCA 2006). Where a defendant has been sentenced on multiple c…
  • Plasencia v. State, 170 So. 3d 865 (Fla. 2d DCA 2015)
    …he manifest injustice rule to correct an illegal sentence where it appeared that the claim was successive. See, e.g., Haager v. State, 36 So. 3d 883, 884 (Fla. 2d DCA 2010); Bronk v. State, 25 So. 3d 701, 702-03 (Fla. 2d DCA 2010); Brinson v. State, 995 So. 2d 1047, 1049 (Fla. 2d DCA 2008); Stephens v. State, 974 So. 2d 455, 457 (Fla. 2d DCA 2008); Cilio v. State, 913 So. 2d 1233, 1233 (Fla. 2d DCA 2005).…
  • Huffman v. State, 192 So. 3d 687 (Fla. 2d DCA 2016)
    …al of [Mr. Bronk’s] claim in a previous postconviction motion does not preclude relief when the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest injustice.”); Brinson v. State, 995 So. 2d 1047, 1049 (Fla. 2d DCA 2008) (“While the doctrine's of law of the case or collateral estoppel can apply to preclude consideration of a successive rule 3.800(a) motion, we conclude that application of those doctrines under the circumstances of this case…

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