WILLIAM ERNEST BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM ERNEST BARNES, APPELLANT,
STATE OF FLORIDA, APPELLEE
353 So. 2d 1250
Florida District Court of Appeal, Second District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The judgment appealed is affirmed. We agree, however, with appellant that there is an imperfection in his sentence. The phrase “at hard labor” is improper. Brooks v. State, 349 So. 2d 794 (Fla.2d DCA 1977). We remand the case for correction of sentence and the appellant need not be present at resentencing.
BOARDMAN, C. J., and OTT and DAN-AHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kurth v. Kurth, 539 So. 2d 7 (Fla. 1st DCA 1989)…therefore the trial court had jurisdiction to strike the notice of voluntary dismissal and change venue of the action. Rule 1.420(a)(2), Fla.R.Civ.P.; Siler v. Lumbermens Mutual Casualty Co., 420 So. 2d 357 (Fla. 5th DCA 1982); McFarley v. McFarley, 353 So. 2d 1250 (Fla. 2d DCA), cert. denied, 364 So. 2d 888 (Fla.1978); and Cooper v. Cooper, 194 So. 2d 278 (Fla. 2d DCA 1967). Appellant’s contention that by operation of rules 1.080(b) and 1.090(e), Florida Rules of Civil Procedure, she had five days from servic…
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Taff v. Taff, 668 So. 2d 275 (Fla. 1st DCA 1996)…ugh inartfully drawn, the husband’s answer to the wife’s petition for dissolution of marriage was sufficient to put the wife and the trial court on notice that the husband intended to contest the issue of primary residency. See McFarley v. McFarley, 353 So. 2d 1250 (Fla. 2d DCA), cert. denied, 364 So. 2d 888 (Fla.1978) (wife adequately requested custody of the children in her answer to husband’s petition for dissolution). MINER, LAWRENCE, and BENTON, JJ., concur.…
Authorities Cited
- Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977)