EDWARD B. PERRY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD B. PERRY, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
347 So. 2d 1093
Florida District Court of Appeal, Second District (1977)
Caution
Cited by 32 cases
Opinion of the Court
PER CURIAM.
Appellant’s conviction is affirmed but appellant’s sentence to an indeterminate term of imprisonment from one to twenty years is vacated and the cause remanded for re-sentencing to a term of imprisonment from six months to twenty years. Cox v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977). Appellant need not be present at resentencing.
HOBSON, A. C. J., and McNULTY and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Powell v. Powell, 386 So. 2d 1214 (Fla. 3d DCA 1980)…dy indicated,7 Zedeck is based on the determination that the property settlement agreement involved there was not subject to modification because of any change of circumstances. See also Salomon v. Salomon, 196 So. 2d 111 (Fla.1967); Rubio v. Rubio, 347 So. 2d 1093 (Fla.2d DCA 1977); White v. White, 338 So. 2d 883 (Fla.3d DCA 1976). That principle has no application to this case, in which the agreement explicitly permitted the modification sought and secured below. See note 2, supra. Affirmed.8 . Fla.R.App.P…
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Martinez v. Martinez, 383 So. 2d 1153 (Fla. 3d DCA 1980)…es first, we find that the provisions of the settlement agreement clearly require the husband to pay for the daughter’s college education at a standard four-year institution. The court may not remake an agreement between the parties. Rubio v. Rubio, 347 So. 2d 1093 (Fla.2d DCA 1977); Howell v. Howell, 164 So. 2d 231 (Fla.2d DCA 1964). The husband argues that the first portion of the support provision terminating the husband’s responsibility for the support of the children when they reach their majority applie…
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Broyles v. Broyles, 573 So. 2d 357 (Fla. 5th DCA 1990)…ony.” The characterization of a payment provision in a property settlement agreement as “alimony” is not controlling on the issue of whether true alimony was intended by the parties. Underwood v. Underwood, 64 So. 2d 281 (Fla.1953); Rubio v. Rubio, 347 So. 2d 1093 (Fla. 2d DCA 1977); White v. White, 338 So. 2d 883 (Fla. 3d DCA 1976), cert. den., 352 So. 2d 176 (Fla.1977). Permanent periodic alimony is terminated upon the death of either spouse or the remarriage of the receiving spouse. Canakaris v. Canakaris,…
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- Sammie Lee COX v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977)