BAY HOSPITAL INC., D/B/A HCA GULF COAST HOSPITAL, APPELLANT,

v.

DAVE BROXSON AND WIFE, JUDY BROXSON, APPELLEES

Citator

Cited By

• Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991)
  …sentence imposing adult sanctions on a juvenile in the absence of specific findings regarding the criteria set forth in section 39.059(7)(c), Florida Statutes (1991) is an erroneous sentence. See § 39.-059(7)(d), Fla.Stat. (1991); Stickles v. State, 579 So. 2d 878 (Fla. 2d DCA 1991). The error is considered fundamental and therefore an objection need not be made in the trial court to preserve the error for appeal. State v. Rhoden, 448 So. 2d 1013 (Fla.1984). Even though this error is fundamental, we have held…
• Matrion Croskey v. State, 601 So. 2d 1326 (Fla. 2d DCA 1992)
  …we reverse the sentence and remand for resentencing. Upon remand, if the bases for the findings required by section 39.059(7) are present, and if the trial court complies with the statute, it may once again impose adult sanctions. Stickles v. State, 579 So. 2d 878 (Fla. 2d DCA 1991). Reversed and remanded. LEHAN, C.J., and RYDER, DANAHY, CAMPBELL, SCHOONOVER, FRANK, HALL, PARKER, PATTERSON, ALTENBERND and BLUE, JJ., concur.…
• Troutman v. State, 603 So. 2d 608 (Fla. 1st DCA 1992)
  …written order or a transcript containing the requisite findings of fact and reasons for imposing adult sanctions. Hodgson v. State, 590 So. 2d 33 (Fla. 1st DCA 1992); Martin v. State, 547 So. 2d 998, 999-1000 (Fla. 1st DCA 1989); Stickles v. State, 579 So. 2d 878, 879 (Fla. 2d DCA 1991). Failure to address even one of the criteria requires reversal and remand. Taylor v. State, 593 So. 2d 1147, 1148 (Fla. 1st DCA 1992). Application of the six enumerated criteria to the trial court’s written order setting for…

Authorities Cited

• Shands Teaching Hosp. & Clinics, Inc. v. Smith, 497 So. 2d 644 (Fla. 1986)
• Phillips v. Sanchez, 35 Fla. 187 (Fla. 1895)
• Shands Teaching Hosp. & Clinics, Inc. v. Smith, 480 So. 2d 1366 (Fla. 1st DCA 1985)