RONALD LEE PARKER, SR., APPELLANT,
v.
ENTERPRISE LEASING COMPANY OF ORLANDO, APPELLEE
RONALD LEE PARKER, SR., APPELLANT,
ENTERPRISE LEASING COMPANY OF ORLANDO, APPELLEE
37 So. 3d 389
Florida District Court of Appeal, Fifth District (2010)
Negative Treatment
Cited by 4 cases
Opinion of the Court
AFFIRMED. See Karling v. Budget Rent A Car System, Inc., 2 So.3d 354 (Fla. 5th DCA 2008). We certify to the Florida Supreme Court the following question as one of great public importance:
DOES THE GRAVES AMENDMENT, 49 U.S.C. § 30106, PREEMPT SEC-
TION 324.021(9)(B)(2.), FLORIDA STATUTES (2007)?
QUESTION CERTIFIED.
SAWAYA, ORFINGER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Mosley, 149 So. 3d 684 (Fla. 2014)…38, 539 (Fla. 1st DCA 2013), which held that “PRR sentences may not be ordered to run consecutively when the crimes were committed during a single criminal episode.” The First District’s decision expressly and directly conflicts with Young v. State, 37 So. 3d 389, 391 (Fla. 5th. DCA 2010), which reached the opposite conclusion. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Based on the statutory text and our caselaw, we conclude that a trial court may order PRR sentences to run consecutively for…
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Claycomb v. State, 142 So. 3d 916 (Fla. 4th DCA 2014)…tion of the PRR statute.” Id. at 630, 633. The Fifth District, relying on the Reeves court’s conclusion that Hale has “little bearing” on the interpretation of the PRR statute, held that consecutive PRR sentences may be imposed. See Young v. State, 37 So. 3d 389 (Fla. 5th DCA 2010). The Fifth District explained: Given the holding in Reeves and the stated intent of the PRR statute to punish eligible offenders to the fullest extent of the law, the court can find no reasonable interpretation of the PRR statut…
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Mosley v. State, 112 So. 3d 538 (Fla. 1st DCA 2013)…ntence can run consecutive to PRR sentence even though offenses arose from same criminal episode). Although not argued by the State, we recognize an apparent conflict between our opinion in Preston and the Fifth District’s opinion in Young v. State, 37 So. 3d 389, 391 (Fla. 5th DCA 2010), which in analyzing the Supreme Court’s decision in Reeves, held that consecutive PRR sentences are not prohibited. AFFIRMED in part, REVERSED in part, and REMANDED for resentencing. WOLF, PADOVANO, and THOMAS, JJ., Conc…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tysjohaun Cooper v. State, 2 So. 3d 354 (Fla. 5th DCA 2008)
- Karling v. Budget Rent A CAR Sys., Inc., 2 So. 3d 354 (Fla. 5th DCA 2008)