WALTER PEAVY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1977-10-26
No. EE-471
BOYER, Acting C. J., and MILLS, J., concur.
350 So. 2d 1152 Florida District Court of Appeal, First District (1977) Negative Treatment
Cited by 61 cases
Opinion of the Court
SMITH, Judge.

SMITH, Judge.

A conviction for auto theft. Although the trial court charged the jury that each material allegation of the information must be proved, and that those allegations included the defendant’s “intent to permanently deprive or defraud the true owner of the property of the use and benefit thereof,” the court did not repeat “permanently” when defining larceny. There was no objection. There was no fundamental error. Humphries v. State, 320 So. 2d 843 (Fla. 4th DCA 1975), cert, den., 333 So. 2d 463 (Fla. 1976).

AFFIRMED.'

BOYER, Acting C. J., and MILLS, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By (60 total)

  • Rados v. Rados, 791 So. 2d 1130 (Fla. 2d DCA 2001)
    …ellate Procedure 9.400(b) and section 61.16, Florida Statutes (1999). In the past, this court has frequently “granted” motions for attorney’s fees in domestic relations appeals with a citation to the First District’s decision in Dresser v. Dresser, 350 So. 2d 1152 (Fla. 1st DCA 1977). Although we intended for such an order to give the trial judge considerable latitude in determining fee issues, we are aware that these orders have engendered some confusion within the bench and bar. Especially in light of the s…
  • Sierra v. Sierra, 505 So. 2d 432 (Fla. 1987)
    …tiary basis. Indeed, most district courts remand under the circumstances presented in this case. See Schneider v. Schneider, 389 So. 2d 311, 312 (Fla. 2d DCA 1980); McIntyre v. McIntyre, 380 So. 2d 1195, 1197 (Fla. 5th DCA 1980); Dresser v. Dresser, 350 So. 2d 1152, 1153-54 (Fla. 1st DCA 1977); Ludemann v. Ludemann, 317 So. 2d 860, 862 (Fla. 4th DCA 1975). In Ludemann, the Fourth District considered the specific questions presented here. In that case the district court granted the wife’s motion for attorney’s…
  • Sokol v. Sokol, 441 So. 2d 682 (Fla. 2d DCA 1983)
    …the trial court should determine the amount of a reasonable fee for such services and the portion of it, if any, that husband should be [*686] required to pay based on the disparity in the parties’ needs and abilities to pay. See Dresser v. Dresser, 350 So. 2d 1152 (Fla. 1st DCA 1977). GRIMES, A.C.J., and CAMPBELL, J., concur.…

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