DAVIS , Chief Judge . Jarmeel Bennett challenges his convictions and sentences for burglary with a firearm while concealing his identity with a hood or mask and attempted robbery with a firearm while concealing his identity with a hood or mask. We affirm without prejudice to Bennett's raising his claims of ineffectiveness of trial counsel as set forth in the instant appeal in a timely motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Derisma v....
KELLY , Judge . The appellants, customers of Duke Energy Florida, Inc., and Florida Power & Light Company (the Utilities), brought suit against the Utilities challenging the constitutionality of sections 366.93 and 403.519, Florida Statutes (2012), and seeking a refund of monies paid under the statutes. They appeal from the trial court's order dismissing the action with prejudice. We affirm. In 2006, the Legislature enacted section 366.93, Florida Statutes, and amended section 403.519,...
PER CURIAM . Affirmed. See Francis v. Sch. Bd. of Palm Beach Cnty., 29 So.3d 441 (Fla. 4th DCA 2010).
PER CURIAM. Affirmed. Not final until disposition of timely filed motion for rehearing.
PER CURIAM. Affirmed. Not final until disposition of timely filed motion for rehearing.
PER CURIAM. Affirmed. Not final until disposition of timely filed motion for rehearing.
SCALES , J. Charles and Joan Bloomgarden (the "Bloomgardens") appeal a non-final order of the trial court (the "Order on Appeal") denying their motion to cancel a charging lien for attorney's fees filed by Appellee Anthony Lanza ("Lanza") in the underlying professional malpractice action. Because we lack jurisdiction to hear the Bloomgardens' premature appeal, we dismiss the appeal sua sponte. I. Facts The Bloomgardens hired Lanza to bring a professional malpractice action against...
PER CURIAM. Affirmed. Not final until disposition of timely filed motion for rehearing.
PER CURIAM. AFFIRMED. VAN NORTWICK, PADOVANO, and MARSTILLER, JJ., CONCUR. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
ON MOTION FOR REHEARING AND CLARIFICATION WELLS, Judge. Appellee's motion for rehearing is denied; however, we clarify our opinion solely to confirm that the Avedons are entitled to a fee award in excess of any amount which may be set-off against the amount due to Katline Realty Corp. should a fee award in excess of the amount due Katline be entered.
VAN NORTWICK , J. Don G. McCoy (McCoy), Charles Voorhis, Larry L. Lee, Gary Walsingham, and Harvey Hollingsworth, derivatively on behalf of nominal defendant Magic Broadcasting, LLC (Magic), 1 a Florida limited liability company (LLC), appeal a final order granting summary judgment in favor of Michael E. Durden (Durden), Durden Enterprises II, Inc. (DE2), a Delaware corporation, and Durden Enterprises, LLC (DE1), a Florida limited liability company, appellees, in the appellants' action...
LAGOA , J. The defendant, James Walker ("Walker"), appeals from a final judgment of conviction and sentence for burglary with a battery and criminal mischief. As to Walker's claim of fundamental error based upon allegedly improper comments made by the prosecutor in closing argument, we affirm without discussion. See Davis v. State, 136 So.3d 1169 (Fla.2014); Braddy v. State, 111 So.3d 810 (Fla.2012), cert. denied, ___ U.S. ___, 134 S.Ct. 275 , 187 L.Ed.2d 199 (2013). We reverse,...
ON CONFESSION OF ERROR PER CURIAM . Based upon appellee's confession of error, and in light of Masone v. City of Aventura, 147 So.3d 492 (Fla.2014), we reverse the final judgment and remand to the trial court for further proceedings. Reversed and remanded.
PER CURIAM. AFFIRMED. WOLF, RAY, and MAKAR, JJ., CONCUR. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
PER CURIAM. AFFIRMED. WOLF, RAY, and MAKAR, JJ., CONCUR. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
ORFINGER , J. The paternal grandmother ("Grandmother") and legal father ("Father") appeal the trial court's final judgment dismissing Grandmother's petition to adopt K.A.G. ("Child"), a four-year-old boy. We affirm in part and reverse in part. Father, who is charged with killing Child's mother, is incarcerated awaiting trial. As a result, the Department of Children and Families ("DCF") instituted dependency proceedings and filed a shelter petition. Child was placed in the temporary...
PER CURIAM. AFFIRMED. LEWIS, C.J., RAY, and MAKAR, JJ., CONCUR. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
PER CURIAM. AFFIRMED. LEWIS, CJ, RAY and MAKAR, JJ., CONCUR. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
PER CURIAM. Affirmed. Not final until disposition of timely filed motion for rehearing.
PER CURIAM. Affirmed. Not final until disposition of timely filed motion for rehearing.
