MacIer v. Est. of Bessie Giamportone, 972 So. 2d 1017 (Fla. 4th DCA 2008). · Go Syfert
Search
MacIer v. Est. of Bessie Giamportone, 972 So. 2d 1017 (Fla. 4th DCA 2008). Cases Citing This Book View Copy Cite
“appellant, therefore, was properly sentenced to 15 years in prison for felonies, but he should retain his youthful offender status....”
25 citation events (25 in the last 25 years) across 2 distinct courts.
Strongest positive: Flores v. State (fladistctapp, 2010-10-06)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Flores v. State
Fla. Dist. Ct. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
appellant, therefore, was properly sentenced to 15 years in prison for felonies, but he should retain his youthful offender status....
discussed Cited as authority (rule) BRANDON ROSHAWN GRANGER v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
Cyr v. State, 106 So. 3d 487 , 488- 89 (Fla. 4th DCA 2013); Lachenauer v. State, 117 So. 3d 880, 880-81 (Fla. 4th DCA 2013); Johnson v. State, 41 So. 3d 1115, 1115 (Fla. 4th DCA 2010); Rogers v. State, 972 So. 2d 1017, 1019-20 (Fla. 4th DCA 2008).
discussed Cited as authority (rule) Robin Eustache v. State of Florida
Fla. · 2018 · confidence medium
Cyr v. State, 106 So. 3d 487, 488-89 (Fla. 4th DCA 2013) (same); Josey v. State, 128 So. 3d 247, 248 (Fla. 2d DCA 2013) (same); Lachenauer v. State, 117 So. 3d 880, 880-81 (Fla. 4th DCA 2013) (same); Mistretta v. State, 99 So. 3d 561, 561-62 (Fla. 2d DCA 2012) (same); Christian, 84 So. 3d at 442 (same); Tidwell v. State, 74 So. 3d 503, 503 (Fla. 2d DCA 2011) (same); Blacker, 49 So. 3d at 788 (same); Johnson v. State, 41 So. 3d 1115, 1115 (Fla. 4th DCA 2010) (same); Hudson, 989 So. 2d at 726 (same); Rogers v. State, 972 So. 2d 1017, 1019-20 (Fla. 4th DCA 2008) (same); see also Lewis v. State, 1…
cited Cited as authority (rule) Mathurin v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
Cyr v. State, 106 So.3d 487, 489 (Fla. 4th DCA 2013); Knite v. State, 102 So.3d 691, 695 (Fla. 4th DCA 2012); Rogers v. State, 972 So.2d 1017, 1019 (Fla. 4th DCA 2008).
cited Cited as authority (rule) Lachenauer v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
Rogers v. State, 972 So.2d 1017, 1019 (Fla. 4th DCA 2008); § 958.14, Fla. Stat. (2009).
cited Cited as authority (rule) St. Cyr v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
Appellant appears confused by language in Rogers v. State, 972 So.2d 1017, 1019 (Fla. 4th DCA 2008) (citing Boynton v. State, 896 So.2d 898, 899 (Fla. 3d DCA 2005)).
discussed Cited as authority (rule) Blacker v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
State v. Arnette, 604 So.2d 482, 484 (Fla.1992); Johnson v. State, 41 So.3d 1115 (Fla. 4th DCA 2010); Rogers v. State, 972 So.2d 1017, 1019 (Fla. 4th DCA), rev. denied, 988 So.2d 622 (Fla.2008); Hudson v. State, 989 So.2d 725, 726 (Fla. 1st DCA 2008); Gardner v. State, 656 So.2d 933, 937 (Fla. 1st DCA 1995) (“once a defendant is sentenced under the provisions of section 958.04, a court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.04”).
discussed Cited as authority (rule) Johnson v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
The trial court, however, erred in revoking Johnson’s youthful offender status. “[I]f the defendant is not charged by information with the new, substantive offense, but rather is charged by way of a violation of the defendant’s youthful offender commitment, the defendant’s youthful offender status may not be revoked.” Rogers v. State, 972 So.2d 1017, 1019 (Fla. 4th DCA 2008), rev. denied, State v. Rogers, 988 So.2d 622 (Fla.2008). *1116 We, therefore, remand for reinstatement of Johnson’s youthful offender status.
cited Cited "see" Young v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Rogers v. State, 972 So.2d 1017, 1019-20 (Fla. 4th DCA 2008).
Retrieving the full opinion text from the archive…
Richard MACIER, et al., Appellants,
v.
In re ESTATE OF BESSIE GIAMPORTONE, Appellee.
3D07-2002.
District Court of Appeal of Florida, Fourth District.
Jan 9, 2008.
972 So. 2d 1017
Green, Rothenberg, and Salter.
Cited by 1 opinion  |  Published

Jonathan M. Sabghir, for appellants.

Lloyd B. Silverman, for appellee.

Before GREEN, ROTHENBERG, and SALTER, JJ.

SALTER, J.

Richard Macier and Foreclosure Management Services, Inc. appeal a non-final order of the circuit court, probate division, re-opening the Estate of Bessie Giamportone, Appellee, and denying the appellants' motion to quash service and to dismiss the motion to re-open the Estate. Inasmuch as the probate judge had jurisdiction and the power to re-open the Estate under section 733.903, Florida Statutes (2007), as well as the authority to protect an alleged property interest of the Estate, we affirm.

Macier and Foreclosure Management Services were given the courtesy of notice, based on the personal representative's knowledge of the name and address of their counsel in other litigation among the parties in the civil division of the circuit court. This afforded them the opportunity to be heard, and it also provided them actual notice of the actions taken in the probate court so that they may move to dissolve the injunction entered there.

At this interlocutory point, and with the matter apparently referred for criminal investigation, the probate judge assuredly did not abuse his discretion or disregard any controlling principle of law.

Affirmed.