FOOD FAIR STORES SOUTH DADE, INC., A FLORIDA CORPORATION, APPELLANT,
v.
JOHN W. GREGORY AND MEIDA I. GREGORY, HIS WIFE, APPELLEES

Fla. 3d DCA | 1965-06-29
No. 64-973
Before TILLMAN PEARSON, CARROLL and SWANN, JJ.
177 So. 2d 250 Florida District Court of Appeal, Third District (1965) Negative Treatment
Cited by 24 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed upon the authority of Food Fair Stores of Florida, Inc. y. Moroni, Fla.App. 1958, 113 So.2d 275.


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Cited By (12 total)

  • Shieder v. State, 430 So. 2d 537 (Fla. 5th DCA 1983)
    …lworth v. State, 237 So. 2d 328 (Fla. 1st DCA 1970), quashed, 251 So. 2d 847 (Fla.1970); Coleman v. State, 205 So. 2d 5 (Fla. 3d DCA 1967); Hunter v. State, 200 So. 2d 577 (Fla. 3d DCA 1967) cert. dismd., 204 So. 2d 212 (Fla.1967); Drayton v. State, 177 So. 2d 250 (Fla. 3d DCA 1965) cert. dismd., 181 So. 2d 348 (Fla.1966). Section 775.14, Florida Statutes (1981), also provides that action to alter a withheld sentence must be taken within five years. See also Clark, Probation in the Criminal Courts of Florida,…
  • Hunter v. State, 200 So. 2d 577 (Fla. 3d DCA 1967)
    …reparation of his defense. Cannon v. State, 91 Fla. 214, 107 So. 360 (1926). Defendant’s second contention is conceded by the state to have merit. A suspension of sentence from day to day and term to term is illegal. Drayton v. State, Fla.App.1965, 177 So. 2d 250, 251. The court, however, does not lose jurisdiction to impose a lawful sentence even though the term during which the defendant was convicted and the illegal order was entered has passed. However, “[T]he last day of any sentence validly imposed wou…
  • McCLOUD v. State, 237 So. 2d 818 (Fla. 1st DCA 1970)
    …with judgment of guilt and ending with the last day of the extreme period for which sentence could have been inflicted at the time of the adjudication. * * * ” (Emphasis added) Other cases involving the rule discussed in Bateh are Drayton v. State, 177 So. 2d 250 (Fla.App.1965), and Helton v. State, supra. Like Bateh and Rodriguez, these [*820] cases too are distinguishable from the .case at bar in that both Helton and Drayton had been adjudicated guilty at the time their sentences had been deferred from day…

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