EDWARD B. PERRY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD B. PERRY, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
347 So. 2d 1093
Florida District Court of Appeal, Second District (1977)
Caution
Cited by 32 cases
Opinion of the Court
PER CURIAM.
Appellant’s conviction is affirmed but appellant’s sentence to an indeterminate term of imprisonment from one to twenty years is vacated and the cause remanded for re-sentencing to a term of imprisonment from six months to twenty years. Cox v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977). Appellant need not be present at resentencing.
HOBSON, A. C. J., and McNULTY and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Powell v. Powell, 386 So. 2d 1214 (Fla. 3d DCA 1980)…dy indicated,7 Zedeck is based on the determination that the property settlement agreement involved there was not subject to modification because of any change of circumstances. See also Salomon v. Salomon, 196 So. 2d 111 (Fla.1967); Rubio v. Rubio, 347 So. 2d 1093 (Fla.2d DCA 1977); White v. White, 338 So. 2d 883 (Fla.3d DCA 1976). That principle has no application to this case, in which the agreement explicitly permitted the modification sought and secured below. See note 2, supra. Affirmed.8 . Fla.R.App.P…
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Martinez v. Martinez, 383 So. 2d 1153 (Fla. 3d DCA 1980)…es first, we find that the provisions of the settlement agreement clearly require the husband to pay for the daughter’s college education at a standard four-year institution. The court may not remake an agreement between the parties. Rubio v. Rubio, 347 So. 2d 1093 (Fla.2d DCA 1977); Howell v. Howell, 164 So. 2d 231 (Fla.2d DCA 1964). The husband argues that the first portion of the support provision terminating the husband’s responsibility for the support of the children when they reach their majority applie…
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Pipitone v. Pipitone, 23 So. 3d 131 (Fla. 2d DCA 2009)…ture of the lump sum alimony, the court must make the characterization in the context of this enforcement proceeding. Substance, not form, controls. See Salomon v. Salomon, 196 So. 2d 111, 113 (Fla.1967); Underwood, 64 So. 2d at 288; Rubio v. Rubio, 347 So. 2d 1093, 1095 (Fla. 2d DCA 1977). The trial court should assess whether (1) alimony payments are made in exchange for a property interest, (2) the payments are modifiable, (3) the payments terminate upon remarriage or death, and (4) the payments are deducti…
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- Sammie Lee COX v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977)