ODIS MCCALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ODIS MCCALL, APPELLANT,
STATE OF FLORIDA, APPELLEE
341 So. 2d 1038
Florida District Court of Appeal, Fourth District (1977)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Appellant contends, and the state concedes, that appellant’s conviction and sentence on Count III of attempted uttering of a forged instrument is void as there is no such crime. King v. State, Fla., 339 So. 2d 172, opinion issued October 7, 1976.
Accordingly, the judgment and sentence on County III of the Information are vacated and as so modified the judgment and sentence appealed from are affirmed.
AFFIRMED AS MODIFIED.
DOWNEY and DAUKSCH, JJ., and GREEN, OLIVER L., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Moe Hirsch v. Fay Hirsch, 369 So. 2d 407 (Fla. 3d DCA 1979)…gure was largely based on her counsel’s success below. The trial court should redetermine the amount,- if any, to be awarded in the light of our contrary decision on the merits. E. g., Nott v. Nott, 368 So. 2d 669 (Fla. 3d DCA 1979); Amend v. Amend, 341 So. 2d 1038 (Fla. 4th DCA 1977); Bradley v. Bradley, 327 So. 2d 253 (Fla. 4th DCA 1976); see Apkarian v. Apka-rian, supra. The final judgment under review is therefore reversed and the cause is remanded with directions to deny the appellee’s claims for modific…
-
Marrero v. Pescow, 656 So. 2d 584 (Fla. 4th DCA 1995)…April 19, 1993 petition, under the facts of this case. Unlike the earlier decree in de Jesus, which (erroneously) denied child support, but was not appealed, here the 1990 decree was silent as to any obligation for child support1. In Amend v. Amend, 341 So. 2d 1038 (Fla. 4th DCA 1977), this court approved an award of support for the children where a prior New York decree was silent as to that issue. However, the Amend opinion does not reflect whether or not the child support award was retroactive to the filing…1 / 2
-
Walker v. Walker, 566 So. 2d 1350 (Fla. 1st DCA 1990)…ar to any action thereafter to determine such rights and obligations. Id. at 809, 810. Where a final judgment of divorce does not award alimony or retain jurisdic [*1353] tion to do so, the court may not subsequently award alimony. Amend v. Amend, 341 So. 2d 1038 (Fla. 4th DCA 1977). Accordingly, in the instant ease the court should not have adjudicated the property rights of the parties or reserved jurisdiction to award alimony.3 The above-stated rule does not, however, apply to an award of child support,…
Authorities Cited
- King v. State, 339 So. 2d 172 (Fla. 1976)