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District Court of Appeal of Florida

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Smith v. State, 5D05-992 (2005)

902 So. 2d 351 (2005) Patrick SMITH, Appellant, v. STATE of Florida, Appellee. No. 5D05-992. District Court of Appeal of Florida, Fifth District. May 27, 2005. Patrick Smith, Lake City, Pro Se. No Appearance for Appellee. MONACO, J. The appellant, Patrick Smith, appeals the denial of his Rule 3.800(a) Motion to Correct Illegal Sentence in which he sought additional gain time jail credit for time served after his sentencing date in county jail, as opposed to state prison. We affirm for two...

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Hutcheson v. State, 5D05-98 (2005)

903 So. 2d 1060 (2005) Eric HUTCHESON, Appellant, v. STATE of Florida, Appellee. No. 5D05-98. District Court of Appeal of Florida, Fifth District. June 24, 2005. *1061 David LaCroix, Brooksville, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. PLEUS, J. Eric Hutcheson appeals from an order finding him in contempt of court based on testimony he gave during a probation revocation hearing. Hutcheson...

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State v. Watson, 5D05-921 (2005)

909 So. 2d 942 (2005) STATE of Florida, Petitioner, v. Ramona WATSON, Respondent. No. 5D05-921. District Court of Appeal of Florida, Fifth District. August 12, 2005. Rehearing Denied September 9, 2005. *943 Norman R. Wolfinger, State Attorney, and Bart Schneider, Assistant State Attorney, Sanford, for Petitioner. James Russo, Public Defender, Eighteenth Judicial Circuit, and Judith L. Kinney, Chief Assistant Public Defender, Sanford, for Respondent. SHARP, W., J. The state petitions this court...

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Mitchell v. State, 5D05-916 (2005)

902 So. 2d 817 (2005) MITCHELL v. STATE. No. 5D05-916. District Court of Appeal of Florida, Fifth District. May 17, 2005. Decision without published opinion. Affirmed.

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Department of Children and Families v. Clem, 5D05-905 (2005)

903 So. 2d 1011 (2005) DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner, v. Robert CLEM, Respondent. No. 5D05-905. District Court of Appeal of Florida, Fifth District. June 10, 2005. *1012 Ralph J. McMurphy, Department of Children and Families, Wildwood, for Petitioner. No Appearance for Respondent. ORFINGER, J. The Florida Department of Children and Families (DCF) seeks certiorari review of the trial court's amended order determining that Robert Clem is incompetent to stand trial and committing...

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MK v. Department of Children and Families, 5D05-898 (2005)

910 So. 2d 279 (2005) M.K. v. DEPARTMENT OF CHILDREN AND FAMILIES. No. 5D05-898. District Court of Appeal of Florida, Fifth District. August 30, 2005. Decision without published opinion. Affirmed.

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State v. Rubio, 5D05-846 (2005)

917 So. 2d 383 (2005) STATE of Florida, Appellant, v. John Anthony RUBIO, Sonia B. Guzman, et al., Appellee. No. 5D05-846. District Court of Appeal of Florida, Fifth District. December 30, 2005. *387 Charles J. Crist, Jr., Attorney General, Christopher M. Kise, Solicitor General and James A. McKee, Deputy Solicitor General, Tallahassee, for Appellant. G. Richard Strafer of G. Richard Strafer, P.A., Miami, for Appellee. SHARP, W., J. This case involves charges of Medicaid provider fraud, patient...

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Johans v. State, 5D05-845 (2005)

901 So. 2d 396 (2005) Warren Alphonso JOHANS, Appellant, v. STATE of Florida, Appellee. No. 5D05-845. District Court of Appeal of Florida, Fifth District. May 13, 2005. Warren Alphonso Johans, Raiford, pro se. No Appearance for Appellee. PER CURIAM. In two separate cases, Warren Alphonso Johans was adjudged guilty of his violent crimes and sentenced as an habitual felony offender. His direct appeals were affirmed 11 and 14 years ago, respectively. Johans v. State, 638 So. 2d 76 (Fla. 5th DCA...

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Buhler v. Buhler, 5D05-804 (2005)

913 So. 2d 767 (2005) Joseph H. BUHLER, Appellant, v. Karen J. BUHLER, Appellee. No. 5D05-804. District Court of Appeal of Florida, Fifth District. November 10, 2005. *768 Billy Thomas, West Melbourne, for Appellant. No Appearance for Appellee. ORFINGER, J. Joseph H. Buhler, the father, appeals the trial court's order modifying his child support obligation. He contends that the trial court should have reduced his support obligation pursuant to section 61.30(11)(b), Florida Statutes (2003),...

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TEM v. State, 5D05-797 (2005)

906 So. 2d 1081 (2005) T.E.M. v. STATE. No. 5D05-797. District Court of Appeal of Florida, Fifth District. July 12, 2005. Decision without published opinion. Affirmed.

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AMB v. State, 5D05-795 (2005)

917 So. 2d 239 (2005) A.M.B., a Child, Appellant, v. STATE of Florida, Appellee. No. 5D05-795. District Court of Appeal of Florida, Fifth District. December 9, 2005. *240 James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, J. After being adjudicated delinquent of two counts of grand theft and...

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McIntosh v. McINTOSH, 5D05-78 (2005)

915 So. 2d 742 (2005) D. Byron McINTOSH, Jr., Appellant, v. Delle D. McINTOSH, Appellee. No. 5D05-78. District Court of Appeal of Florida, Fifth District. December 9, 2005. Robert A. DuChemin, Sr., of DuChemin & Associates, Orlando, for Appellant. Marcia K. Lippincott, of Marcia K. Lippincott, P.A., Lake Mary, for Appellee. PETERSON, J. D. Byron McIntosh, Jr., appeals the trial court's denial of his supplemental petition for modification of a judgment dissolving his marriage to Delle D....

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Crain v. State, 5D05-778 (2005)

914 So. 2d 1015 (2005) Brian CRAIN, Petitioner, v. STATE of Florida, Respondent. No. 5D05-778. District Court of Appeal of Florida, Fifth District. November 18, 2005. *1017 Robert Wesley, Public Defender and Nicole K.H. Maldonado, Assistant Public Defender, Orlando, for Petitioner. Charles J. Crist, Jr., Attorney General, Tallahassee and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Respondent. EN BANC SAWAYA, J. The issue we address in this case is whether an arrest...

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Brewer v. News-Journal Corp., 5D05-753 (2005)

917 So. 2d 204 (2005) BREWER v. NEWS JOURNAL CORP. No. 5D05-753 District Court of Appeal of Florida, Fifth District December 12, 2005. Decision without published opinion. Affirmed.

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Stephens v. State, 5D05-724 (2005)

902 So. 2d 818 (2005) STEPHENS v. STATE. No. 5D05-724. District Court of Appeal of Florida, Fifth District. May 3, 2005. Decision without published opinion. Affirmed.

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Huet v. Mike Shad Ford, Inc., 5D05-680 (2005)

915 So. 2d 723 (2005) Ward L. HUET and Joan Huet, Appellants, v. MIKE SHAD FORD, INC., etc., et al., Appellees. No. 5D05-680. District Court of Appeal of Florida, Fifth District. December 2, 2005. *724 Christopher L. Casey and H. Keith Thomerson, of Hinshaw & Culbertson, Jacksonville, for Appellant. George K. Brew, of Brew & Harper, PL, Jacksonville, for Appellee Mike Shad Ford. SHARP, W., J. The Huets appeal from the trial court's order which dismissed their third party complaint against Mike...

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Decoste v. State, 5D05-65 (2005)

898 So. 2d 1201 (2005) Ronald G. DECOSTE, Appellant, v. STATE of Florida, Appellee. No. 5D05-65. District Court of Appeal of Florida, Fifth District. April 8, 2005. Ronald G. Decoste, Sneads, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee. *1202 PALMER, J. Ronald G. Decoste (defendant) appeals the trial court's order summarily denying his rule 3.800(a) motion which sought the award of additional jail time...

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Phipps v. State, 5D05-639 (2005)

906 So. 2d 1081 (2005) PHIPPS v. STATE. No. 5D05-639. District Court of Appeal of Florida, Fifth District. July 6, 2005. Decision without published opinion. Affirmed.

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Huet v. Tromp, 5D05-628 (2005)

912 So. 2d 336 (2005) Ward L. HUET and Joan Huet, his Wife, Petitioners, v. Hillary TROMP and Andre Tromp, her Husband, Respondents. No. 5D05-628. District Court of Appeal of Florida, Fifth District. September 9, 2005. Rehearing Denied October 10, 2005. *337 Christopher L. Casey and H. Keith Thomerson of Hinshaw & Culbertson, Jacksonville, for Petitioners. Robert C. Gobelman and Michael D. Kendall of Gobelman, Love, Gavin, Blazs & Wasilenko, Jacksonville, for Respondent. SHARP, W., J. Ward L....

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Henderson v. State, 5D05-624 (2005)

903 So. 2d 999 (2005) Jessie James HENDERSON, Appellant, v. STATE of Florida, Appellee. No. 5D05-624. District Court of Appeal of Florida, Fifth District. May 20, 2005. Rehearing Denied June 21, 2005. Jessie James Henderson, Okeechobee, pro se. No Appearance for Appellee. THOMPSON, J. In May 1983, the defendant, Jessie James Henderson, tried to murder the victim by shooting him with a shotgun. He was convicted of attempted first-degree murder with a firearm in November 1983. This court affirmed...

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