Magnusson v. Florida Dep't of Revenue, 225 So. 3d 920 (Fla. 1st DCA 2017). · Go Syfert
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Magnusson v. Florida Dep't of Revenue, 225 So. 3d 920 (Fla. 1st DCA 2017). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: J. M. v. State of Florida (fladistctapp, 2025-01-31)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) J. M. v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
Although exceptions exist in certain circumstances "where the defendant had an opportunity to object," courts have recognized that "[a] defendant tried at bench trial has limited opportunities to object to an erroneous lesser-included offense, primarily because there is no charge conference or verdict form." Kirkland v. State, 225 So. 3d 920, 922-23 (Fla. 1st DCA 2017) (collecting cases).
discussed Cited as authority (rule) DEWARDERICK MORRIS v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · confidence medium
Additionally, there is no lesser included charge to the conveyance offense, which further supports the conclusion that evidence was "insufficient to show that a crime was committed at all." Kirkland v. State, 225 So. 3d 920, 922 (Fla. 1st DCA 2017) (quoting F.B., 852 So. 2d at 230 )).
Retrieving the full opinion text from the archive…
Sharon Kay MAGNUSSON
v.
FLORIDA DEPARTMENT OF REVENUE and Marilyn Brett-Sheffield
CASE NO. 1D15-120.
District Court of Appeal of Florida, First District.
Aug 10, 2017.
225 So. 3d 920
Sharon Kay Magnusson, pro se, Appellant., Pamela Jo Bondi, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellee Department of Revenue.
Jay, Thomas, Winokur.
Published
PER CURIAM.

AFFIRMED.*

WINOKUR, JAY, and M.K. THOMAS, JJ„ CONCUR.

We reject the concession of the Department of Revenue ("DOR”) that its final administrative support order must be vacated because it was entered without jurisdiction. The Administrative Law Judge relinquished jurisdiction in the case to DOR on December 12, 2014, not on December 16, 2014, as DOR claims in its brief. Accordingly, DOR did have jurisdiction to enter the December 15, 2014, final administrative support order.