Waller v. State, 201 So. 3d 749 (Fla. 4th DCA 2016). · Go Syfert
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Waller v. State, 201 So. 3d 749 (Fla. 4th DCA 2016). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: ERNEST RICCI v. VENTURES TRUST 2013-I-H-R, etc. (fladistctapp, 2019-06-12)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) ERNEST RICCI v. VENTURES TRUST 2013-I-H-R, etc.
Fla. Dist. Ct. App. · 2019 · confidence medium
Co., 259 So. 3d 201, 202 (Fla. 3d DCA 2018); Cole v. Wells Fargo Bank Nat’l Ass’n, 201 So. 3d 749, 750 (Fla. 5th DCA 2016); Gunning v. Brophy, 746 So. 2d 468, 468 (Fla. 2d DCA 1997).
cited Cited "see" Mawhinney v. 998 SW 144th Court Rd, LLC
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Cole v. Wells Fargo Bank Nat’l Ass’n, 201 So.3d 749, 750 (Fla. 5th DCA 2016); Musa v. Wells Fargo Del.
discussed Cited "see, e.g." Garcia v. Deutsche Bank
Fla. Dist. Ct. App. · 2018 · signal: see also · confidence medium
Id. at 1280-84 ; see also Cole v. Wells Fargo Bank Nat’l Ass’n, 201 So. 3d 749, 750 (Fla. 5th DCA 2016).2 Because the trial court lacked jurisdiction to enter the final judgment, we are compelled to reverse the final judgment and remand for proceedings consistent with this opinion.
Retrieving the full opinion text from the archive…
Joseph Mark WALLER
v.
STATE of Florida
No. 4D16-1268.
District Court of Appeal of Florida, Fourth District.
Sep 21, 2016.
201 So. 3d 749
Joseph M. Waller, Crawfordville, pro se., Pamela Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.
Forst, Gross, Warner.
Published
PER CURIAM.

Joseph Mark Waller appeals an order denying in part a Rule 3.801 motion for correction of jail credit. We reverse in part.

Waller’s motion requested credit for 360 days spent in jail from July 16, 2009, until July 9, 2010. The trial court was correct that he is not entitled to credit for the portion of that time spent in the drug farm program imposed as a condition of his probation pursuant to a negotiated plea. Carrier v. State, 925 So.2d 386, 387 (Fla. 4th DCA 2006).

However, a letter from the Sheriffs Office and records from the jail attached to the motion indicate that from July 15, 2009, until August 28, 2009, Waller was in jail or in a Drug Education Dorm awaiting placement in the drug farm program. He is entitled to credit for time served in jail while awaiting placement in the treatment program. LaLonde v. State, 941 So.2d 586, 587 (Fla. 4th DCA 2006). Because an evidentiary hearing may be needed to resolve this issue, we reverse and remand for further proceedings.

WARNER, GROSS and FORST, JJ., concur.