DENISE GILLESPIE, APPELLANT,
v.
JAMES MCCOMBS, LAURA BRUNO, INEZ WILLIS AND MICHAEL WILLIS, APPELLEES

Fla. 4th DCA | 2014-06-04
No. 4D12-2473
GROSS, GERBER and FORST, JJ., concur.
139 So. 3d 489 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Although the court’s March 15, 2012 order was improper, we affirm on the tipsy coachman doctrine, which “allows an appellate court to affirm a trial court that ‘reaches the right result, but for the wrong reasons’ so long as ‘there is any basis which would support the judgment in the record.’ ” Robertson v. State, 829 So.2d 901, 906 (Fla.2002). Had the judge considered the third amended complaint, it would nonetheless have been subject to dismissal with prejudice. See Barrett v. City of Margate, 743 So.2d 1160 (Fla. 4th DCA 1999).

Affirmed.

GROSS, GERBER and FORST, JJ., concur.


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  • Quinten Walden v. State, 162 So. 3d 84 (Fla. 4th DCA 2014)
    ….2013). Petitioner’s conviction for attempted second degree murder is vacated, and the case is remanded for a new trial. Petition granted; remanded for a new trial. STEVENSON, LEVINE and KLINGENSMITH, JJ., concur. . See, e.g., Rodriguez v. State, 139 So. 3d 489 (Fla. 4th DCA 2014); Fenster v. State, 141 So. 3d 232 (Fla. 4th DCA 2014); Lopez v. State, 138 So. 3d 488 (Fla. 4th DCA 2014); Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014); Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014); Coriolan v. St…
  • Gibson v. State, 152 So. 3d 696 (Fla. 4th DCA 2014)
    …e defendant was convicted of an offense only one step removed), approved, 39 So. 3d 252 (Fla.2010). . We have granted a new trial in a number of direct appeal cases that were initially affirmed based on our decision in Williams. Rodriguez v. State, 139 So. 3d 489 (Fla. 4th DCA 2014); Fenster v. State, 141 So. 3d 232 (Fla. 4th DCA 2014); Lopez v. State, 138 So. 3d 488 (Fla. 4th DCA 2014); Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014); Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014); Coriolan v. St…
  • Ednere Francois v. State, 151 So. 3d 496 (Fla. 4th DCA 2014)
    …re grant the petition. Because a new appeal would be redundant, we vacate the convictions for attempted second degree murder and remand for a new trial. Petition granted. STEVENSON, TAYLOR and GERBER, JJ., concur. . See, e.g., Rodriguez v. State, 139 So. 3d 489 (Fla. 4th DCA 2014); Fenster v. State, 141 So. 3d 232 (Fla. 4th DCA 2014); Lopez v. State, 138 So. 3d 488 (Fla. 4th DCA 2014); Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014); Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014); Coriolan v. St…

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