Delaughter v. State, 664 So. 2d 1156 (Fla. 2d DCA 1995). · Go Syfert
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Delaughter v. State, 664 So. 2d 1156 (Fla. 2d DCA 1995). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Celebrity Cruises, Inc. v. Fernandes (fladistctapp, 2014-11-05)
Top citers, strongest first. 2 distinct citers.
discussed Cited as authority (rule) Celebrity Cruises, Inc. v. Fernandes
Fla. Dist. Ct. App. · 2014 · confidence medium
See Keys Island Props., LLC v. Crow, 97 So.3d 329, 330-31 (Fla. 3d DCA 2012) (observing the trial court could not determine matters not the subject of a proper pleading and notice and citing Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So.2d 1244, 1252 (Fla.2008) (quoting Carroll & Assocs., P.A. v. Galindo, 864 So.2d 24, 28-29 (Fla. 3d DCA 2003)) (“noting that ‘Florida law clearly holds that a trial court lacks jurisdiction to hear and to determine matters which are not the subject of proper pleading and notice’ and ‘[t]o allow a court to rule on a matter without proper plead…
cited Cited "see" Bostwick v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Delaughter v. State, 664 So.2d 1156 (Fla. 2d DCA 1995).
Karen DELAUGHTER
v.
STATE of Florida
No. 94-03849.
District Court of Appeal of Florida, Second District.
Dec 20, 1995.
664 So. 2d 1156
James Marion Moorman, Public Defender, and Wayne S. Melnick, Assistant Public Defender, Bartow, for Appellant., Robert A. Butterworth, Attorney General, Tallahassee, and Ron Napolitano, Assistant Attorney General, Tampa, for Appellee.
Ryder, Threadgill, Whatley.
Cited by 2 opinions  |  Published
WHATLEY, Judge.

The appellant, Karen Delaughter, challenges the trial court’s jurisdiction to revoke her probation for offenses which occurred in 1986. The state correctly concedes that the trial court lacked jurisdiction in this instance, as the affidavits of violation of probation were filed after Delaughter’s probationary terms for the 1986 offenses expired. See State v. Hall, 641 So.2d 403 (Fla.1994); Davis v. State, 623 So.2d 579 (Fla. 3d DCA 1993). Further, since the affidavits of violation of probation involved herein were filed only as to the aforementioned 1986 offenses, the trial court improperly revoked De-Laughter’s community control in case no. CF91-618 in which no affidavit of violation was filed. Since these issues are dispositive of the case, we do not address the remaining issues Delaughter has raised on this appeal.

Accordingly, we hereby vacate the trial court’s order revoking Delaughter’s probation in trial court case numbers CF86-645, CF86-646, and CF91-618.

THREADGILL, C.J., and RYDER, J., concur.