MICHAEL DENLINGER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court reviewed a lower appellate court's decision that relied on a prior case which was later partially disapproved. The court granted review to reconsider the case in light of its subsequent decision in Yisrael v. State.
The Florida Supreme Court granted the petition for review, quashed the decision of the Fourth District Court of Appeal, and remanded the case for reconsideration in light of the Supreme Court's decision in Yisrael v. State.
[1] A court should remand a case to a lower appellate court for reconsideration in light of a subsequent controlling decision when the lower court's decision relied on a case…
[2] Factual contentions not addressed within the four corners of a district court's opinion are more appropriately raised in the district court.
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Join FLexlaw to unlock all legal intelligence“We have for review Delinger v. State, 944 So. 2d 1072 (Fla. 4th DCA 2006),1 in which the Fourth District Court of Appeal relied on its decision in Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So. 2d 952 (Fla.2008), and affirmed the trial court without further elaboration.”
Describes the procedural history and the reliance on a subsequently disapproved precedent.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Fourth District Court of Appeal affirmed the trial court's decision, relying on its own prior ruling in Yisrael v. State. The Florida Supreme Cour…
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We have for review Delinger v. State, 944 So.2d 1072 (Fla. 4th DCA 2006),1 in which the Fourth District Court of Appeal relied on its decision in Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So.2d 952 (Fla.2008), and affirmed the trial court without further elaboration. At the time that petitioner sought to invoke this Court’s discretionary jurisdiction, Yisrael was pending review. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla.1981).
*523We stayed proceedings in this case pending our disposition of Yisrael, in which we: (1) approved the decision of the First District in Gray v. State, 910 So.2d 867 (Fla. 1st DCA 2005), and (2) disapproved the reasoning and rule of law articulated by the Fourth District in its underlying decision, but ultimately approved the result reached by that court on other grounds. See Yisrael v. State, 993 So.2d 952, 960-61 (Fla.2008). We subsequently issued an order directing the State to show cause why we should not accept jurisdiction, summarily quash the decision under review, and remand for reconsideration in light of our decision in Yisrael. In response, the State asserts that documents submitted during sentencing complied with this Court’s Yisrael decision. However, the full appellate record is not before the Court, and the Fourth District is a more appropriate forum in which to raise these factual contentions that were not addressed within the four corners of the district court’s opinion below.
Accordingly, we grant the petition for review, quash, and remand to the Fourth District Court of Appeal for reconsideration upon application of our decision in Yisrael.
It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.
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Citator
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Denlinger v. State, 17 So. 3d 1264 (Fla. 4th DCA 2009)…PER CURIAM. We reconsider on remand our opinion in Delinger v. State, 944 So. 2d 1072 (Fla. 4th DCA 2006),1 which was quashed by the Florida Supreme Court following its decision in Denlinger v. State, 7 So. 3d 522, 523 (Fla.2009). As ordered by the supreme court, we apply its decision in Yisrael v. State, 993 So. 2d 952 (Fla.2008), to the facts of this case. In Yisrael, the Florida Supreme Court disapproved of this Court’s holding in Yisrael v. State, 938 So…
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Yisrael v. State, 993 So. 2d 952 (Fla. 2008)
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)
- Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005)
- Bailey v. State, 944 So. 2d 1072 (Fla. 1st DCA 2006)
- Delinger v. State, 944 So. 2d 1072 (Fla. 4th DCA 2006)