LEWIS WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1976-04-27
No. 75-1341
Before BARKDULL, C. J., and HA-VERFIELD and NATHAN, JJ.
330 So. 2d 826 Florida District Court of Appeal, Third District (1976) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Counsel for the State having conceded error in this cause as it relates to the sentence, the sentence imposed upon the adjudication of guilt be and the same is hereby set aside and the matter is returned to the trial court for appropriate sentencing, taking into account the time that the defendant served in the County Jail prior to sentencing.

Reversed and remanded, with directions.


Cases With Similar Vibessemantic neighbors from the corpus


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  • …railroad on theory husband had not commenced his employment on night of accident did not bar subsequent action by widow as administratrix of husband’s estate under Federal Employers’ Liability Act); Newport Division, Tenneco Chem., Inc. v. Thompson, 330 So. 2d 826 (Fla. 1st DCA 1976) (summary judgment of no liability in wrongful death action grounded on res judicata defense reversed where, although parties in later survival actions were also parties in the earlier death action, it did not appear that the pers…
  • Dunmore v. Eagle Motor Lines and F-B Truck Lines, 560 So. 2d 1261 (Fla. 1st DCA 1990)
    …absence of privity, identity of persons, or liability in the same right. E.g. Colonial Enterprises, Inc. v. Hill, 227 So. 2d 481 (Fla.1969); Demoya v. Lorenzo, 468 So. 2d 358 (Fla. 3d DCA 1985); Newport Division, Tenneco Chemicals, Inc. v. Thompson, 330 So. 2d 826 (Fla. 1st DCA 1976). See generally 32 Fla.Jur.2d Judgments and Decrees § 148 (1981). Nor can the summary judgment be sustained on the general proposition that the satisfaction of a judgment against one joint tortfeasor «operates to discharge the li…
    1 / 2
  • Gonzalez v. Gonzalez, 413 So. 2d 97 (Fla. 3d DCA 1982)
    …nt see Annot., 31 A.L.R.3d 1044 (1970). Florida has rejected the modem trend and has declined to eliminate the mutuality of estoppel requirement for either defensive or offensive use. See, e.g., Newport Division, Tenneco Chemicals, Inc. v. Thompson, 330 So. 2d 826 (Fla. 1st DCA 1976). Florida courts have, however, recognized certain exceptions to the rigid application of its role that collateral estoppel lies only between parties who were adverse to each other in a prior action. These exceptions involve deriv…

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