ROBERT B. DELAUGHTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was found guilty of possession of L.S.D. Two resultant periods of probation, the second an extension of the first after the first had been violated, entailed a total of eighteen months jail time as conditions of probation. A final revocation of the probation resulted in the instant sentence of two years in the state penitentiary. It undisputedly appears that he was not given credit for the aforementioned eighteen months served as conditions of probation. He should have been given it. Ivey v. State (Fla.1976), 327 So. 2d 219.
In view thereof, the cause is remanded with directions that the sentence herein be recorded to reflect credit for time served as conditions of the previous two periods of probation. While it is, of course, not necessary that appellant be present for such purpose, in view of the fact that the two-year sentence will about be terminated on the giving of such credit most prompt notice of the amended sentence ought be given to the Division of Corrections as well as to appellant.
McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.
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McCURDY v. J.C. Collis & Exxon Corp., 508 So. 2d 380 (Fla. 1st DCA 1987)…circumstances in which there is a qualified privilege to interfere with a business relationship, the privilege carries with it the obligation to employ means that are not improper. Peacock v. GMAC, 432 So. 2d at 144-145; Babson Bros. Co. v. Allison, 337 So. 2d 848, 850 (Fla. 1st DCA 1976), cert. denied, 348 So. 2d 944 (Fla.1977). In other words, the privilege does not encompass the purposeful causing of a breach of contract. Yoder v. Shell Oil Company, 405 So. 2d 743, 744 (Fla. 2d DCA 1981); Restatement (2d)…
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Ins. Field Servs., Inc. v. White & White Inspection & Audit Serv., Inc., 384 So. 2d 303 (Fla. 5th DCA 1980)…ults where one person called the principal, authorizes another, called the agent, to act for him with more or less discretionary power, in business dealings with third persons. 2 C.J.S. Agency § 1. Id. at 221. See also, Babson Bros. Co. v. Allison, 337 So. 2d 848 (Fla. 1st DCA 1976), cert. denied, 348 So. 2d 944 (Fla. 1977), wherein the court said: It is not necessary, however, that one be an employee of a corporation in order to be its agent.…
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Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254 (Fla. 4th DCA 1984)…c., at the 755 Dotterel Road address. Therefore, the trial court’s finding is not “clearly erroneous” or “totally unsupported” by the record. It is not necessary that one be an employee of a corporation to be its agent. Babson.Bros. Co. v. Allison, 337 So. 2d 848 (Fla. 1st DCA 1976) (citing Economic Research Analysts, Inc. v. Brennan, 232 So. 2d 219 (Fla. 4th DCA 1970)). When, in the usual course of business of a corporation, an officer or other agent is held out by the corporation or has been permitted to a…
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- Ivey v. State, 327 So. 2d 219 (Fla. 1976)