GILBERT SENS, AS TRUSTEE, APPELLANT,
v.
SLAVIA, INC., ET AL., APPELLEES
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PER CURIAM.
Whereas, the judgment of this court was entered on February 19, 1974 (292 So. 2d 627) affirming the order of the Circuit Court for Dade County, Florida, in the above styled cause; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed November 13, 1974, 304 So. 2d 438 and mandate now lodged in this court, quashed this court’s judgment with directions;
Now, therefore, It is ordered that the mandate of this court heretofore issued in this cause on April 9, 1974 is withdrawn, the judgment of this court entered in this cause on February 19, 1974 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the order of the circuit court here appealed is reversed and the cause is remanded to the circuit court for further proceedings in accordance with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court (Rule 3.16 subd. b., F.A.R.).
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Sens v. Slavia, Inc., 304 So. 2d 438 (Fla. 1974)
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Green v. State, 310 So. 2d 373 (Fla. 3d DCA 1975)…at the probationer is not in prison confinement. See Roy v. State, Fla.App.1967, 207 So. 2d 52. Thus we con-elude that the sentence to the county jail in the case sub judice as a condition of probation was improper. Cf. Avila v. State, Fla.App.1974, 306 So. 2d 550. In addition we find it contradictory to withhold the imposition of sentence, place an offender on probation and then impose a jail sentence as a condition of that probation. For as the Florida Supreme Court has stated in Brumit v. Wainwright, Fla.1…
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State v. Avila, 327 So. 2d 210 (Fla. 1976)…OVERTON, Justice. This is a petition for writ of certiorari to review a decision of the Third District Court of Appeal reported at 306 So. 2d 550 (Fla.App.3rd, 1975). The District Court held a sentence of forty days in the county [*211] jail followed by five years probation to be a nullity insofar as the probation period was concerned. The trial judge found the defendant guilty of violating t…
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- Sens v. Slavia, Inc., 304 So. 2d 438 (Fla. 1974)
- Sens v. Slavia, Inc., 292 So. 2d 627 (Fla. 3d DCA 1974)
- Rivera v. State, 292 So. 2d 627 (Fla. 3d DCA 1974)