ASHLEY VALENTINE CARTER, PETITIONER,
v.
THE HONORABLE MARIA M. KORVICK, ONE OF THE JUDGES OF THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, RESPONDENT

Fla. 3d DCA | 1985-11-12
No. 85-2453
Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.
478 So. 2d 460 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner Ashley Valentine Carter has filed with this court a petition for writ of mandamus. We treat the petition as a motion to enforce the mandate which issued on September 5, 1985, 474 So. 2d 397. The motion to enforce is granted and, in accordance with our mandate, petitioner’s sentence is reduced to 30 months incarceration, with credit for time served.

It is so ordered.


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  • Kuhnke v. Kuhnke, 556 So. 2d 1121 (Fla. 3d DCA 1989)
    …of child support, Coffin v. Coffin, 368 So. 2d 105 (Fla. 4th DCA 1979); see also § 61.14, Fla.Stat. (1975), they do not justify modification of a property settlement agreement. This court has ruled in accordance with existing law. In Forte v. Forte, 478 So. 2d 460 (Fla. 3d DCA 1985), review denied, 488 So. 2d 830 (Fla.1986), we held that a portion of a separation agreement and final judgment of dissolution granting the wife the option to purchase the marital home conferred a vested property right which was no…
  • Sheila v. McCUTCHEON, 928 So. 2d 364 (Fla. 3d DCA 2006)
    …and proved. Underwood v. Underwood, 64 So. 2d 281 (Fla.1953); Miller v. Miller, 149 Fla. 722, 7 So. 2d 9 (1942); Farkas v. Farkas, 426 So. 2d 1213 (Fla. 4th DCA 1983); Zakoor v. Zakoor, 240 So. 2d 193 (Fla. 4th DCA 1970). As such, in Forte v. Forte, 478 So. 2d 460 (Fla. 3d DCA 1985), we held that a portion of a separation agreement and final judgment of dissolution granting the wife the option to purchase the marital home conferred a vested property right which was not subject to modification. See also Finsto…
  • Denis Patrick Power v. Caitlin Barry Power, 864 So. 2d 523 (Fla. 5th DCA 2004)
    …overreaching, it could not be modified by the trial court because the option had become a vested property right. See also Campbell v. Campbell, 615 So. 2d 879 (Fla. 5th DCA 1993); Draper v. Draper, 604 So. 2d 946 (Fla. 2d DCA 1992); Forte v. Forte, 478 So. 2d 460 (Fla. 3d DCA 1985), review denied, 488 So. 2d 830 (Fla.1986). Thus, in the case before us if the option granted by the final judgment (as opposed to a property settlement agreement), and exercised by Mr. Powers became a vested property right, the tr…

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