HARRY BOWEN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LESTER W. BOWEN, DECEASED, APPELLANT,
v.
CARNIVAL CRUISE LINES, INC., APPELLEE
HARRY BOWEN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LESTER W. BOWEN, DECEASED, APPELLANT,
CARNIVAL CRUISE LINES, INC., APPELLEE
477 So. 2d 1093
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 3 cases
Other
PER CURIAM.
ON MOTION FOR REHEARING
Confronted with instructions identical to those used in Veliz v. American Hospital, Inc., 414 So. 2d 226 (Fla. 3d DCA), review denied, 424 So. 2d 760 (Fla.1982), we are compelled to reverse on the binding authority of Veliz. Somer v. Johnson, 704 F. 2d 1473 (11th Cir.1983). The court’s opinion dated June 11, 1985, is vacated and this opinion is substituted in its place.
Reversed and remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Neal v. State, 487 So. 2d 367 (Fla. 2d DCA 1986)…cord must include documentation that these offenses did not occur within the last ten years. The defendant may appeal any such departure. If the judge does not depart for this reason, he must sentence defendant within the guidelines. Crews v. State, 477 So. 2d 1093 (Fla. 2d DCA 1985). RYDER, C.J., and SANDERLIN, J., concur.…
-
Wigfals v. State, 480 So. 2d 259 (Fla. 2d DCA 1986)…rceration. His fifteen-year sentence clearly exceeds this range. Consequently, we must vacate defendant’s sentence because the trial court failed to provide written reasons for departure. State v. Jackson, 478 So. 2d 1054 (Fla.1985); Crews v. State, 477 So. 2d 1093 (Fla. 2d DCA 1985). On remand, the court may sentence defendant within the guidelines range or depart from the guidelines. If the court again wishes to depart, it must provide a written statement identifying valid reasons for departure. Any party a…
-
Griffin v. State, 481 So. 2d 1312 (Fla. 2d DCA 1986)…ns for departure. Fla.R.Crim.P. 3.701(d)(14). If the court decides to depart from the guidelines and sentence the defendant in excess of the next higher range, it must articulate in writing clear and convincing reasons for departure. Crews v. State, 477 So. 2d 1093 (Fla. 2d DCA 1985). LEHAN and FRANK, JJ., concur.…
Authorities Cited
- Somer v. Johnson, 704 F.2d 1473 (11th Cir. 1983)
- Veliz v. Am. Hosp., Inc., 414 So. 2d 226 (Fla. 3d DCA 1982)