ROBERT CARNAVIL, ET AL., APPELLANTS,
v.
THE PINES OF DELRAY ASSOCIATION, INC., ETC., APPELLEES

Fla. 4th DCA | 1982-05-12
No. 81-2407
HERSEY and WALDEN, JJ., concur., LETTS, C. J., concurs specially with opinion.
413 So. 2d 872 Florida District Court of Appeal, Fourth District (1982) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

HERSEY and WALDEN, JJ., concur. LETTS, C. J., concurs specially with opinion.

Concurrence
LETTS, Chief Judge,

LETTS, Chief Judge,

specially concurring:

While I would not express it in as strong terms as have the Appellees, I see no efficacy in this appeal. Were time less of an enemy, I would pause to elaborate and it is tempting to do so. Yet, to succumb would be contributing to that which has already occupied too much time.

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  • O'Brien v. State, 454 So. 2d 675 (Fla. 5th DCA 1984)
    …401 So. 2d 1343 (Fla.1981), and held that Baker could be convicted of both the firearm offense (§ 790.07(2), Fla.Stat.) and the underlying felony but could be sentenced for but one offense (this is, in effect, also the holding in Marshall v. State, 413 So. 2d 872 (Fla. 3d DCA 1982), and Burke v. State, 415 So. 2d 753 (Fla. 3d DCA 1982)). The dissent in Baker agreed that Baker could be constitutionally convicted of both offenses but argued Baker could also be sentenced for both offenses under the legislative…
  • State v. Maritsa Saldarriaga, 486 So. 2d 683 (Fla. 3d DCA 1986)
    …slightest support a conclusion that the defendant’s constitutional rights have been violated, dismissal of the charges and discharge of the defendant is not an appropriate sanction. See Antone v. State, 410 So. 2d 157 (Fla.1982); Marshall v. State, 413 So. 2d 872 (Fla. 3d DCA 1982), quashed on other grounds, 455 So. 2d 355 (Fla.1984); State v. Brown, 393 So. 2d 1195 (Fla. 3d DCA 1981). The court may consider less drastic remedies. Reversed and remanded for further proceedings. HENDRY and FERGUSON, JJ., c…
  • Jones v. State, 477 So. 2d 26 (Fla. 3d DCA 1985)
    …ant a continuance entitles him to a new trial. As to the first point, a review of the record reveals that the state supplied Jones with all the information in its possession, thereby removing the need for a Richardson hearing. See Marshall v. State, 413 So. 2d 872 (Fla. 3d DCA 1982), quashed in part on other grounds, 445 So. 2d 355 (Fla.1984). As to the second point, the denial of a motion for a continuance is within the sound discretion of the trial court and will not be overturned in the absence of an abuse…

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