KADEN TIERNEY, PETITIONER,

v.

ROSE STUDENSKI, AS EXECUTRIX OF THE ESTATE OF FRANK STUDENSKI, DECEASED, ET AL., RESPONDENTS

Citator

Cited By

• State v. Rogel Vixamar, 687 So. 2d 300 (Fla. 4th DCA 1997)
  …So. 2d 24 (Fla. 2d DCA), cert. [*302] denied, 194 So. 2d 621 (Fla.1966). See Charatz v. State, 577 So. 2d 1298 (Fla.1991); State v. Upshaw, 648 So. 2d 851 (Fla. 3d DCA 1995); Flaherty v. State, 367 So. 2d 1111 (Fla. 3d DCA 1979); Williams v. State, 341 So. 2d 214 (Fla. 2d DCA 1976); Butler v. State, 228 So. 2d 421 (Fla. 4th DCA 1969). Davis involved the state’s agreement with a defendant to submit to a polygraph examination by an operator selected by the parties. The bargain struck was that if the examinatio…
• Charatz v. State, 577 So. 2d 1298 (Fla. 1991)
  …rgain may not be specifically enforced. Davis v. State, 308 So. 2d 27 (Fla.1975). However, there are circumstances under which a plea bargain may be enforced if the defendant has suffered irrevocable prejudice in reliance thereon. Williams v. State, 341 So. 2d 214 (Fla. 2d DCA 1976). The order withholding adjudication had long become final when the state did not appeal, and Charatz was not guilty of any fraud that might justify setting aside the order. We decline to recede from Sanchez. However, we quash the…
• State v. Simons, 22 So. 3d 734 (Fla. 1st DCA 2009)
  …dant to withdraw the plea, but in others the only fair remedy is to enforce the agreement. For example, Florida courts have held that specific performance is a proper remedy if the defendant has partly performed the agreement, see Williams v. State, 341 So. 2d 214 (Fla. 2d DCA 1976) (the state breached its promise after the defendant had assisted the police), or if withdrawal of the plea would deprive the defendant of the benefit of the bargain, see Buffa v. State, 641 [*737] So. 2d 474 (Fla. 3d DCA 1994) (th…