ELLEN LUCILLE SMITH, ETC., ET AL., PETITIONERS,
v.
SOUTHLAND SUITES OF ORMOND BEACH, LLC., ET AL., RESPONDENTS

Fla. | 2014-10-09
No. SC10-631
LABARGA, C.J., and PARIENTE, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur., LEWIS, J., dissents.
148 So. 3d 1251 Florida Supreme Court (2014) Caution
Cited by 20 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We initially accepted jurisdiction to review the decision of the Fifth District Court of Appeal in Estate of Smith v. Southland Suites of Ormond Beach, LLC., 28 So.3d 103 (Fla. 5th DCA 2010), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. After further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding.

It is so ordered.

LABARGA, C.J., and PARIENTE, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

LEWIS, J., dissents.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (20 total)

  • Whittaker v. State, 223 So. 3d 270 (Fla. 4th DCA 2017)
    …12 points on appellant’s scoresheet due to his violation of probation as a VFOSC. See § 921.0024(b)2.a., Fla. Stat. (2015). Thus, there is no scoresheet error concerning appellant’s designation as a VFOSC. Appellant’s reliance upon Bryant v. State, 148 So. 3d 1251 (Fla. 2014), is misplaced because the required written findings at issue in that case were necessary to support the imposition of an upward departure sentence. In Bryant, the Florida Supreme Court held that a sentence in excess of a nonstate prison…
  • Booker v. State, 244 So. 3d 1151 (Fla. 1st DCA 2018)
  • Reed v. State, 192 So. 3d 641 (Fla. 2d DCA 2016)
    …16). This is not a controversial proposition, It makes sense that the legislature’s resurrection of a sentencing mechanism may also require the resurrection of certain accompanying legal principles to help manage that mechanism. See Bryant v. State, 148 So. 3d 1251, 1258 (Fla.2014) (describing section 775.082(10) as a reinstatement of upward departure sentencing, which the CPC had previously eliminated). One such accompanying principle is that “[a] court cannot use an inherent component of the crime in questio…

Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw