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Bitz v. ED KNOX CLU & ASSOCIATES
Reynolds Tobacco Co. v. Engle, 672 So.2d 39 , 41 n. 7 (Fla. 3d DCA) review denied, 682 So.2d 1100 (Fla. 1996); Rodriguez v. State, 502 So.2d 18, 19 (Fla. 3d DCA 1986). [2] As a result of Federal's initial denial of coverage, Dr. Bitz maintained in the action below that he experienced a cash flow problem which forced him to compromise another disability policy and two operating expense policies that he had with another carrier.
Retrieving the full opinion text from the archive…
Gerald Norris STRICKLAND
v.
STATE of Florida
v.
STATE of Florida
No. 85-1716.
District Court of Appeal of Florida, Third District.
Dec 24, 1986.
John R. Vitola and James Martin Brown of Brownlee and Brown, Brooksville, for appellant., Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Day-tona Beach, for appellee.
Cobb, Dauksch, Sharp.
Published
DAUKSCH, Judge.
This is an appeal from a judgment and sentence in a murder case. The judgment is affirmed; the sentence is vacated. The trial judge departed from the sentencing guidelines for reasons which are all inherent in the crime for which appellant was convicted, second degree murder. Holden v. State, 487 So.2d 1199 (Fla. 5th DCA 1986); Hannah v. State, 480 So.2d 718 (Fla. 4th DCA 1986); Baker v. State, 466 So.2d 1144 (Fla. 3d DCA 1985), aff'd. 483 So.2d 423 (Fla.1986); Fletcher v. State, 457 So.2d 570 (Fla. 5th DCA 1984); Fla.R. Crim.P. 3.701(d)(ll). The sentence is vacated and this cause remanded for sentencing under the guidelines.
SENTENCE VACATED; REMANDED.
COBB and SHARP, JJ., concur.