ROSA SANCHEZ, AND CARLOS SANCHEZ, HER HUSBAND, APPELLANTS,
v.
WAL-MART STORES, INC., A DELAWARE CORPORATION, APPELLEE
ROSA SANCHEZ, AND CARLOS SANCHEZ, HER HUSBAND, APPELLANTS,
WAL-MART STORES, INC., A DELAWARE CORPORATION, APPELLEE
758 So. 2d 1222
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Affirmed. See McIlveen v. Metropolitan Dade County, 276 So. 2d 844 (Fla. 3d DCA 1973); Stern v. Commercial Constr. Corp., 268 So. 2d 549 (Fla. 3d DCA 1972).
STONE, POLEN and GROSS, JJ., concur.
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Staffney v. State, 826 So. 2d 509 (Fla. 4th DCA 2002)…the court must weigh the totality of the circumstances in the case, including aggravating and mitigating facts. This decision is within the sound discretion of the court and will be sustained on review absent an abuse of discretion. State v. Baksh, 758 So. 2d 1222, 1224-25 (Fla. 4th DCA 2000) (citations omitted); see also Banks v. State, 732 So. 2d 1065 (Fla.1999); State v. Fleming, 751 So. 2d 620 (Fla. 4th DCA 1999). A departure sentence may be imposed where the trial court finds that the “offense was commi…
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State v. Dort, 929 So. 2d 1190 (Fla. 4th DCA 2006)…GROSS, J. The state challenges the circuit court’s imposition of a downward departure sentence without providing written reasons or [*1191] engaging in the proper analysis. See §§ 921.0026(1), 921.00265, Fla. Stat. (2004); State v. Baksh, 758 So. 2d 1222, 1224-25 (Fla. 4th DCA 2000). We affirm the sentence because the state failed to preserve the issue in the trial court. An appeal may not be taken from a trial court judgment unless a prejudicial error is “properly preserved,” or the error amounts…
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State v. Joseph, 922 So. 2d 393 (Fla. 3d DCA 2006)…the downward departure was not supported by competent, substantial evidence. We disagree. A trial court’s decision to depart from the sentencing guidelines is based on a two-part test. See Banks v. State, 732 So. 2d 1065 (Fla.1999); State v. Baksh, 758 So. 2d 1222 (Fla. 4th DCA 2000). First, the court must determine whether it can depart from the guidelines, i.e., whether there is a legally valid ground and adequate factual support for that ground. Banks, 732 So. 2d at 1067. Second, the trial court must decid…
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- Emil Aescht v. Zach Aubrey Weaver & the Federated Mut. Implement & Hardware Ins. Co., 268 So. 2d 549 (Fla. 2d DCA 1972)
- Buster McILVEEN v. Metro. Dade Cnty., 276 So. 2d 844 (Fla. 3d DCA 1973)