PAUL WILLIAM GESEMYER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PAUL WILLIAM GESEMYER, APPELLANT,
STATE OF FLORIDA, APPELLEE
429 So. 2d 438
Florida District Court of Appeal, Fourth District (1983)
Caution
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The judgment of conviction is affirmed. However, we reverse the sentencing order and remand this cause for resentencing as a life felony rather than a capital felony in accord with this court’s decision in Hogan v. State, 427 So. 2d 202 (Fla. 4th DCA 1983).
DOWNEY, ANSTEAD and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Europco Mgmt. Co. OF Am. v. Smith, 572 So. 2d 963 (Fla. 1st DCA 1990)…now of none. The undisputed facts of this case show that Europeo complied with all necessary due process requirements for enforcement of a protective covenant such as involved in this case. See Majestic View Condominium Association, Inc. v. Bolotin, 429 So. 2d 438 (Fla. 4th DCA 1983) (Due process requirements for enforcement of a protective covenant are (1) constructive or actual notice of the existence of the restriction prior to enforcement; (2) a reasonable demand for compliance with the restriction after…
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Riviera-Fort Myers Master Ass'n, Inc. v. Florentine Dev. II, LLC (Fla. 2d DCA 2020)
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Winn-Dixie Stores, Inc. v. Dolgencorp, LLC, 746 F.3d 1008 (11th Cir. 2014)…ds. C. Finally, Big Lots argues that Winn-Dixie cannot enforce its restrictive covenants because it neglected to make “a reasonable demand for compliance with the restriction after the breach has occurred.” Majestic View Condo. Ass'n v. Bolotin, 429 So. 2d 438, 439 (Fla. 4th DCA 1983). We And no presuit demand requirement here because the cases relied upon by Big Lots concern materially different species of covenants. Big Lots first points to Richards v. Dodge, 150 So. 2d 477, 483 (Fla. 2d DCA 1963), i…
Authorities Cited
- COX v. State, 427 So. 2d 202 (Fla. 1st DCA 1983)