JERRY LEE DOWNS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JERRY LEE DOWNS, APPELLANT,
STATE OF FLORIDA, APPELLEE
516 So. 2d 320
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm the judgments and sentences herein. However, the parties agree that one of the case numbers, 86-2255CFAN1-A does not reflect credit for time served awaiting sentencing.
We remand for imposition of credit for the proper amount of time; otherwise, we affirm.
CAMPBELL, A.C.J., and HALL and THREADGILL, JJ., concur.
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Wilson v. Woodward, 602 So. 2d 547 (Fla. 2d DCA 1992)…ever, under certain circumstances, written contracts can be modified by a subsequent oral agreement of the parties even though the written contract purports to prohibit such modification. Crosslands Properties, Inc. v. Univest Crossland Trace, Ltd., 516 So. 2d 320 (Fla. 2d DCA1987); see also The Race, Inc. v. Lake & River Recreational Properties, Inc., 573 So. 2d 409 (Fla. 1st DCA1991); King Partitions & Drywall, Inc. v. Donner Enterprises, Inc., 464 So. 2d 715 (Fla. 4th DCA1985). In addition to modifying a c…
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Okeechobee Resorts, L.L.C. v. E Z Cash Pawn, Inc., 145 So. 3d 989 (Fla. 4th DCA 2014)…d Hardware Co., 423 So. 2d 966, 968 (Fla. 1st DCA 1982); Gallagher v. Dupont, 918 So. 2d 342, 347 (Fla. 5th DCA 2005); White v. Ocean Bay Marina, Inc., 778 So. 2d 412, 412 (Fla. 3d DCA 2001); Crosslands Props., Inc. v. Univest Crossland Trace, Ltd., 516 So. 2d 320, 322 [*995] (Fla. 2d DCA 1987). This standard — if literally applied — would permit a written contract with a “no oral modification” clause to be amended by nothing other than a “subsequent oral agreement” or— alternatively — by a “course of dealing…
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Fort Walton Beach Lincoln-Mercury, Inc. v. Pearson, 731 So. 2d 859 (Fla. 1st DCA 1999)…ouma, 547 So. 2d 1266 (Fla. 4th DCA 1989) (failure to give written notice of extensions of the closing date on a home purchase agreement was waived through the conduct of the purchasers); Crosslands Properties, Inc. v. Univest Crossland Trace, Ltd., 516 So. 2d 320 (Fla. 2d DCA 1987) (under some circumstances, "written contracts can be modified by subsequent oral agreement of the parties, even though the written contract purports to prohibit such modification”); Arbogast v. Bryan, 393 So. 2d 606 (Fla. 4th DCA…