THOMAS A. BITNER, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND COUNTY OF VOLUSIA, APPELLEES

Fla. 5th DCA | 1986-04-03
No. 85-1130
COBB, C.J., and ORFINGER and SHARP, JJ., concur.
486 So. 2d 47 Florida District Court of Appeal, Fifth District (1986) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Gaidymowicz v. Winn Dixie Stores, Inc., 371 So. 2d 212 (Fla. 3rd DCA 1979).

COBB, C.J., and ORFINGER and SHARP, JJ., concur.


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  • REE v. State, 512 So. 2d 1085 (Fla. 4th DCA 1987)
    …that “[i]t was reversible error for the trial court to depart from the guidelines without providing a contemporaneous written statement of the reasons therefore at the time each sentence was pronounced.” (Emphasis added). See also Matthews v. State, 486 So. 2d 47 (Fla. 5th DCA 1986); Elkins v. State, 489 So. 2d 1222 (Fla. 5th DCA 1986). We express agreement with Judge Sharp’s reasoning in her special concurrence in Elkins, however, and certify the following question to the supreme court: MUST A TRIAL COURT…
  • Hoag v. State, 523 So. 2d 788 (Fla. 5th DCA 1988)
    …DAUKSCH, Judge. This is an appeal from a sentence which departs from that recommended by the sentencing guidelines. No written reasons for the departure were given. That is error. State v, Oden, 478 So. 2d 51 (Fla.1985); Matthews v. State, 486 So. 2d 47 (Fla. 5th DCA 1986). SENTENCE VACATED; REMANDED. COBB and COWART, JJ., concur.…

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