CALVIN J. LEACH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CALVIN J. LEACH, APPELLANT,
STATE OF FLORIDA, APPELLEE
348 So. 2d 1218
Florida District Court of Appeal, Fourth District (1977)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We find no error in the trial of this case and affirm defendant’s conviction. In sentencing the defendant, however, the trial court failed to give the defendant credit for jail time already served while awaiting sentence. He is entitled to such credit although not to duplicate credit. McKnight v. State, 325 So. 2d 79 (Fla. 4th DCA 1976). Upon remand the trial court is directed to determine whether defendant has, in fact, received credit for jail time served and if he has not, the court shall modify the sentence in this case accordingly.
AFFIRMED and REMANDED.
CROSS, ALDERMAN and DAUKSCH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Prigal v. Kearn, 557 So. 2d 647 (Fla. 4th DCA 1990)…e title and any rights that he formerly held under the mortgage are terminated. Chase & Co. v. Little, 116 Fla. 667, 156 So. 609 (1934). The merger results in a discharge of the mortgage and a satisfaction of the debt. However, in Gourley v. Wollam, 348 So. 2d 1218, 1220 (Fla. 4th DCA 1977), this court citing Jackson v. Relf, 26 Fla. 465, 8 So. 184 (1890) said: When a mortgage on lands and the equity of redemption in the same lands have become united in the same person, ordinarily the mortgage is merged, — in…
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Janus Props., Inc. v. First Fla. Bank, N.A., 546 So. 2d 785 (Fla. 2d DCA 1989)…ing to exploit the settlement and vault itself into a preferred position, we find that First Florida has attempted to foreclose on a no-longer existing mortgage and thereby improperly void Janus’ lien. First Florida’s reliance on Gourley v. Wollam, 348 So. 2d 1218 (Fla. 4th DCA 1977) is misplaced. In Gourley, the mortgagee’s intention in accepting a deed from the mortgagor in lieu of foreclosure was left open to debate. Unlike the mortgagee in Gourley, First Florida solemnized its intent by executing and reco…
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C.T.W. Co., Inc. v. Rivergrove Apts., Inc., 582 So. 2d 18 (Fla. 2d DCA 1991)…ted a written document evidencing the intent of the parties to execute an assignment of the mortgage, for the purpose of keeping the mortgage intact. See Ennis v. Finanz Und Kommerz-Union Etabl., 565 So. 2d 374 (Fla. 2d DCA 1990); Gourley v. Wollam, 348 So. 2d 1218 (Fla. 4th DCA 1977). C.T.W. is therefore entitled to be subrogated to the position of first mortgagee. One who discharges an obligation is usually entitled to subrogation if he is not merely a volunteer. This right of subrogation may exist in favor…
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- Reginal McKNIGHT v. State, 325 So. 2d 79 (Fla. 4th DCA 1976)