author: THOMPSON, Presiding Judge.

text:
    Kenneth L. MCGEE d/b/a FMC Mobile v. David G. DILLARD and Teresa Murray Dillard
    2160581
    Court of Civil Appeals of Alabama.
    January 12, 2018
    Kenneth L. McGee, pro se.
    C. Andrew Harrell, Jr., of Olmstead, Harrell & Garner, LLC, Gulf Shores, for appellees.
    On Rehearing Ex Mero Motu
   THOMPSON, Presiding Judge.

This court's opinion of December 1, 2017, is withdrawn, and the following is substituted therefor.

Kenneth L. McGee, a general contractor doing business as FMC Mobile ("McGee"), appeals from a partial summary judgment entered by the Mobile Circuit Court ("the circuit court"). Specifically, the partial summary judgment released a materialman's lien ("the lien") McGee had filed against David G. Dillard and Teresa Murray Dillard. The circuit court determined there was no just reason for delay of an appeal of the release of the lien and certified the partial summary judgment as final pursuant to Rule 54(b), Ala. R. Civ. P. McGee also purports to appeal from interlocutory orders entered as to the Dillards' pending claims against McGee.

The record indicates the following. McGee is a general contractor who preserves and improves structures. In June 2015, he entered into two separate agreements with the Dillards for the preservation and repair of a house ("the house") owned by the Dillards. McGee completed the work to be performed as provided by one of the agreements, and the Dillards paid for that work in full. The second agreement ("the agreement") is the subject of this litigation. Pursuant to the agreement, McGee was to paint certain portions of the exterior of the house and to make certain repairs to the interior of the house, including repairing three windows. The agreement was later revised, calling for the replacement of five windows rather than the repair of three windows.

On March 10, 2016, the Dillards filed a complaint in the circuit court alleging that they had terminated McGee's services on or about September 4, 2015, and had paid him in full for all the work that had been performed, the materials provided, and the costs incurred through that date. According to the complaint, despite having been paid in full, McGee filed in the Mobile Probate Court the lien against the house. The Dillards sought a judgment determining that they did not owe McGee any further money, declaring the lien void, and releasing the lien. The Dillards also sought money damages for slander of title. The Dillards twice amended their complaint, adding counts of breach of contract, breach of the warranty to perform in a workmanlike manner, and negligence and/or wantonness.

On March 11, 2016, the day after the Dillards filed their complaint in the circuit court, McGee, who has appeared pro se throughout these proceedings, filed an action in the Mobile small-claims court. The Dillards filed a motion in the circuit court requesting that the two actions be consolidated. The circuit court granted the motion on March 24, 2016. After the actions were consolidated, McGee's action was treated as a counterclaim to the Dillards' action.

On March 31, 2016, McGee filed an objection to the consolidation, saying, among other things, that it was "a rush to judgment." He claimed that he was owed $2,953.13 and, therefore, that his action should be tried in the small-claims court. McGee attached to the objection his affidavit and the final invoice he had submitted to the Dillards on September 9, 2015. A copy of the lien was not attached to McGee's objection. The circuit court denied McGee's objection, and the litigation proceeded. The record shows that McGee has consistently refused to comply with discovery requests or to be deposed. In fact, in an e-mail message to the Dillards' attorney, McGee stated: "As you know, I'm not required to give you any of that material [requested in discovery]. I will have copies available for you at trial." Eventually, the Dillards filed a motion for sanctions against McGee. On September 9, 2016, the circuit court entered an order directing McGee to sit for a deposition no later than October 21, 2016. McGee filed various papers with the circuit court claiming that his constitutional rights would somehow be violated if his deposition was taken before the Dillards' depositions. We note that McGee has not attempted to notice depositions for the Dillards or to propound discovery requests on them. The record indicates that McGee is under the impression that, because the Dillards are the plaintiffs and bear the burden of proof, he is not required to submit requested discovery or to sit for a deposition until the Dillards have been deposed. Despite McGee's specious argument and the fact that McGee had not noticed depositions for the Dillards, the circuit court amended its September 9, 2016, order to require the Dillards to be deposed on the same day as McGee and allowing McGee's deposition to be held after the Dillards' depositions. Nonetheless, McGee failed to comply with the order, and the Dillards again filed a motion for sanctions.

On January 6, 2017, the circuit court held a hearing on the motion for sanctions. In its order of January 9, 2017, the circuit court noted that, at the hearing, McGee continued "to argue the fairness of this Court's order requiring him to sit for a deposition before the [Dillards] were deposed." The circuit court then stated:

"This Court finds [McGee's] tactics to date to be dilatory. No good cause has been shown for ignoring the Court's order to sit for a deposition, nonetheless, the Court will give [McGee] one more opportunity to comply with its order of September 9, 2016. Accordingly, defendant, Kenneth McGee, shall make himself available for his deposition within 21 days from the date of the January 6, 2017, hearing, i.e., no later than January 27, 2017. Failing the same, the Court will enter appropriate sanctions which may include an award of attorney's fees, dismissal of [McGee's] counterclaim, and/or granting of a default judgment."

We note that the record contains a motion for sanctions that the Dillards filed on January 31, 2017, alleging that McGee still refused to sit for a deposition. The record does not indicate that the circuit court has acted on that motion.

Meanwhile, on December 16, 2016, the Dillards filed a motion for a summary judgment as to the declaratory-judgment count of their complaint, which sought the release of the lien. The Dillards argued that McGee had failed to commence an action to perfect or enforce the lien within six months, as required by § 35-11-221, Ala. Code 1975. That statute provides that "[a]ny action for the enforcement of the lien declared in this division [i.e., Title 35, Chapter ll, Division 8, §§ 35-11-210 through 35-11-234, Ala. Code 1975 ] must be commenced within six months after the maturity of the entire indebtedness secured thereby, except as otherwise provided in this division." In support of the motion for a partial summary judgment, the Dillards submitted a copy of the lien, purporting to secure an indebtedness of $3,887.62, which was filed in the Mobile Probate Court on September 14, 2015. The lien stated that the work was completed on September 11, 2015. McGee filed an opposition to the motion.

On March 6, 2017, the circuit court entered a partial summary judgment, finding that McGee had never sought to enforce his lien in the circuit court. Instead, the circuit court stated, McGee had filed an action in the small-claims court seeking monetary damages for work, labor, and materials furnished, which did not comply with statutory requirements for perfecting or enforcing the lien. The circuit court noted that McGee's action for monetary damages, which had been consolidated with the Dillards' action, could proceed.

That same day, March 6, 2017, the circuit court entered an order declaring the lien invalid and releasing the lien. On March 14, 2017, the circuit court certified the March 6, 2017, partial summary judgment as final pursuant to Rule 54(b), Ala. R. Civ. P. In doing so, the circuit court found that there was no just reason for delay in entering a final judgment on the issue of the release of the lien, explaining that the Dillards were scheduled to close on the property that was the subject of the lien, and ordered the closing agent to hold $5,831.43, 150% of the amount of the lien, in escrow until the time for an appeal had run. The circuit court also explained:

"Discovery is ongoing in this matter, and [McGee] continues his defiant, dilatory conduct in refusing to sit for a deposition despite this court's orders. Therefore, [McGee's] conduct could require the [Dillards'] money to be held in escrow indefinitely even though the court has ordered the lien at issue to be released."

The circuit court also stated that the entry of the partial summary judgment did not affect McGee's counterclaim for money damages based on work and labor performed. McGee filed a timely notice of appeal to this court on April 25, 2017.

On appeal, McGee first argues that the circuit court erred in releasing the lien. Although in his appellate brief McGee states that the circuit court's judgment was "based on plainly and palpably wrong findings," the propriety of the judgment releasing the lien is a question of law, not of fact. Therefore, we review the judgment de novo. "[W]hen the material facts are undisputed and the only issue presented involves a pure question of law, the appellate court's review is de novo. Christian v. Murray, 915 So.2d 23, 25 (Ala. 2005) ; Alabama Republican Party v. McGinley, 893 So.2d 337, 342 (Ala. 2004)." Magrinat v. Maddox, 220 So.3d 1081, 1084 (Ala. Civ. App. 2016).

The law regarding perfection and enforcement of materialman's liens is well settled.

"Materialman's liens, being statutory creations, can be perfected and enforced only by complying with the requirements found in Ala. Code 1975, § 35-11-210 et seq. The liens are inchoate and will be lost if the lienors fail to perfect them according to the requirements of the statute. Bailey Mortgage Co. v. Gobble-Fite Lumber Co., 565 So.2d 138 (Ala. 1990)."

Ex parte Grubbs, 571 So.2d 1119, 1120 (Ala. 1990).

"A materialman's lien comes into existence immediately when one provides any materials or performs labor upon the property, but it remains inchoate unless the statement of lien is timely filed pursuant to § 35-11-213 and unless an action is timely filed to perfect the materialman's lien, pursuant to § 35-11-221. Metro Bank v. Henderson's Builders Supply Co., 613 So.2d 339 (Ala. 1993)."

Hill v. Hill, 757 So.2d 468, 471 (Ala. Civ. App. 2000) (emphasis added).

To perfect a mechanic's or materialman's lien, one must complete three required steps: (1) provide statutory notice to the owner; (2) file a verified statement of lien in the probate office of the county where the improvement is located; and (3) file suit to enforce the lien. § 35-11-210 et seq., Ala. Code 1975; Bailey Mortg. Co. v. Gobble-Fite Lumber Co., 565 So.2d 138, 141-43 (Ala. 1990). In this case, notice is not an issue, nor is the filing of a verified statement of lien. In Gobble-Fite, our supreme court discussed the last step required to perfect a lien, i.e, filing an action to enforce the lien.

"The final step for perfection is to file suit in the circuit court of the county where the property is located (in the district court if the amount is less than $50). Ala. Code 1975, § 35-11-220. Suit must be commenced within six months 'after ... maturity of the entire indebtedness.' Ala. Code 1975, § 35-11-221. More than likely, this will be the date of the last labor performed or the date materials were last furnished.
Yeager v. Coastal Mill Work, Inc., 510 So.2d 188 (Ala. 1987)."

565 So.2d at 143.

The lien McGee filed indicates that the last work, labor, and/or materials provided to improve the house was on September 11, 2015. The lien was for $3,887.62. On March 11, 2016, McGee filed an action in small-claims court seeking $2,953.13 in damages from the Dillards. McGee's complaint did not seek the enforcement of the lien; in fact, it did not mention the lien. To date, McGee has not filed an action seeking to enforce the lien, which is required for the lien to be perfected. § 35-11-220, Ala. Code 1975; see also Gobble-Fite, 565 So.2d at 143. Because no action for the enforcement of the lien was commenced within six months after the maturity of the debt the lien secured, the limitations period for the enforcement of the lien expired. § 35-11-221, Ala. Code 1975. Therefore, the circuit court correctly determined that the lien was invalid and due to be released.

McGee also contends that the circuit court deprived him of his constitutional rights when it ordered him to sit for his deposition before the Dillards had been deposed. The discovery orders that McGee challenges, entered on September 9, 2016, and January 9, 2017, are interlocutory. The proper means of seeking appellate review of an interlocutory order is to petition for a writ of mandamus. Norman v. Norman, 984 So.2d 427, 429 (Ala. Civ. App. 2007) ; see also Ex parte C.L.J., 946 So.2d 880, 887 (Ala. Civ. App. 2006) ("A petition for a writ of mandamus is the appropriate method for reviewing an interlocutory order."). "Upon a determination that a judgment is not final, this court has discretion to treat an appeal as a petition for a writ of mandamus." Ex parte Landry, 117 So.3d 714, 718 (Ala. Civ. App. 2013). However,

"[m]andamus is an extraordinary remedy and will be granted only where there is '(1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) properly invoked jurisdiction of the court.' Ex parte Alfab, Inc., 586 So.2d 889, 891 (Ala. 1991). This Court will not issue the writ of mandamus where the petitioner has " 'full and adequate relief' " by appeal. State v. Cobb, 288 Ala. 675, 678, 264 So.2d 523, 526 (1972) (quoting State v. Williams, 69 Ala. 311, 316 (1881) )."

Ex parte Ocwen Fed. Bank, FSB, 872 So.2d 810, 813 (Ala. 2003). Appellate courts

" 'will review by mandamus only those discovery matters involving (a) the disregard of a privilege, (b) the ordered production of "patently irrelevant or duplicative documents," (c) orders effectively eviscerating "a party's entire action or defense," and (d) orders denying a party the opportunity to make a record sufficient for appellate review of the discovery issue. [ Ex parte Ocwen Fed. Bank, FSB, ] 872 So.2d [810] at 813-14 [ (Ala. 2003) ]....'
" Ex parte Meadowbrook Ins. Group, Inc., 987 So.2d 540, 547 (Ala. 2007)."

Ex parte Mobile Gas Serv. Corp., 123 So.3d 499, 504 (Ala. 2013). McGee's contention that he does not have to be deposed until after the Dillards are deposed does not involve any of the grounds for mandamus review of a discovery matter. Accordingly, we decline to treat the issue as though it were before us on a petition for a writ of mandamus. Because no judgment has been entered as to the Dillards' claims for damages, there is no final judgment from which McGee can appeal as to this issue. Therefore, the appeal is dismissed as to the issue of whether the circuit court erred in ordering McGee to sit for a deposition. See Ex parte Vanderwall, 201 So.3d 525, 532 (Ala. 2015) (holding that, when an order appealed from is not a final judgment, it is the duty of the court to dismiss the appeal ex mero motu).

For the reasons set forth, the circuit court's judgment releasing the lien is affirmed. The remainder of McGee's appeal is dismissed.

ON REHEARING EX MERO MOTU: OPINION OF DECEMBER 1, 2017, WITHDRAWN; OPINION SUBSTITUTED; APPEAL DISMISSED IN PART; AFFIRMED.

Moore, J., concurs.

Thomas, J., concurs in the rationale in part and concurs in the result, with writing, which Pittman, J., joins.

Donaldson, J., concurs in the result, without writing.

I agree with the main opinion's conclusion that the Mobile Circuit Court ("the trial court") correctly determined that the materialman's lien filed by Kenneth L. McGee was invalid. However, although I would also not treat any portion of McGee's appeal as a petition for the writ of mandamus, I would decline to do so because McGee's appeal was filed more than 42 days after the entry of the interlocutory orders of the trial court of which he complains. See Rule 21(a)(3), Ala. R. App. P. (requiring that a petition for the writ of mandamus be filed within a reasonable time, which is presumed to be equivalent to the time for taking an appeal). Thus, even if we were to have treated McGee's notice of appeal as a petition for the writ of mandamus, we could not have considered McGee's arguments because they were untimely asserted.

Pittman, J., concurs.

      The record submitted on appeal did not indicate that McGee's small-claims action, over which the district court had jurisdiction, see § 12-12-31(a), Ala. Code 1975, had been transferred to the circuit court. Accordingly, in our opinion on original submission this court determined that the circuit court had not obtained jurisdiction over the small-claims action when it entered an order consolidating that action with the Dillards' circuit-court action. Therefore, we stated, the consolidation order was void. After this court's opinion on original submission was released on December 1, 2017, the circuit court entered an order directing the Dillards to supplement the record on appeal to include the March 24, 2016, order that the district court entered in the small-claims action transferring that action to the circuit court. Time stamps indicate that, later that same day, the circuit court entered the consolidation order. Thus, the circuit court had jurisdiction over the small-claims action at the time it entered the consolidation order.


source: Caselaw Access Project

author: MOORE, Judge.

license: Public Domain

text:
    Phillip JONES and Elizabeth Jones v. THE VILLAGE AT LAKE MARTIN, LLC
    2160650
    Court of Civil Appeals of Alabama.
    January 12, 2018
    Anna M. Sparks, Cullman, for appellants.
    Russell C. Balch and Sara G. Bragdon of Akridge & Balch, P.C., Auburn, for appellee.
   MOORE, Judge.

Phillip Jones and Elizabeth Jones appeal from a summary judgment entered by the Tallapoosa Circuit Court ("the trial court") in favor of The Village at Lake Martin, LLC ("the Village"), on their claims of breach of contract and fraudulent inducement. We affirm the trial court's summary judgment as to the breach-of-contract claim; we reverse the summary judgment as to the fraudulent-inducement claim.

Procedural History

On June 17, 2016, the Joneses filed a complaint against the Village and Brian Ray, in his individual capacity and as an agent of the Village, asserting claims of breach of contract, breach of warranty, fraudulent inducement, and unjust enrichment. On July 12, 2016, Ray and the Village filed an answer, which included numerous affirmative defenses, including that the claims were barred by the applicable statutes of limitations. On January 27, 2017, Ray and the Village filed a motion for a summary judgment as to all claims. On March 29, 2017, the Joneses responded to that motion. On April 6, 2017, the trial court entered a judgment disposing of all the Joneses' claims; specifically, the trial court dismissed the breach-of-warranty claim on the motion of the Joneses and entered a summary judgment on the remaining claims of breach of contract, fraudulent inducement, and unjust enrichment. With regard to the breach-of-contract and fraudulent-inducement claims, the trial court held that there was no genuine issue of material fact regarding the merits of either claim and that each claim was barred by the applicable statute of limitations. On May 18, 2017, the Joneses filed their notice of appeal to the Alabama Supreme Court; that court transferred the appeal to this court, pursuant to Ala. Code 1975, § 12-2-7.

Facts

The evidence indicated that the Joneses purchased a lake house from the Village in 2009. Notably, the contract for the sale of the house included paragraph 34, which states:

"This contract constitutes the entire agreement between [the Joneses] and [the Village] regarding the Property, and supercedes [sic] all prior discussions, negotiations, and agreements between [the Joneses] and [the Village], whether oral or written. This agreement is not transferable or not assignable. Neither [the Joneses], [the Village], nor Broker or any sales associate shall be bound by any understanding, agreement, promise, or representation concerning the Property, express or implied, not specified herein."

Additionally, the following language is handwritten on an addendum to the contract: "Buyer requests boat slip in next phase 1st choice-@ $10,000 to be paid at availability. Trex to be used." The Joneses and Ray initialed that handwritten note. In opposition to the summary-judgment motion, the Joneses presented their affidavits in which they averred that Ray had made representations to them, both before and at the time they entered into the contract to purchase the lake house, indicating that, once additional boat slips were built, they would be able to purchase one for $10,000. The Joneses both stated that they had relied on the oral representations made by Ray concerning the option to purchase the boat slip when deciding to purchase the lake house.

Subsequently, in 2016, the Village began constructing new boat slips. The Joneses requested to purchase one of the boat slips for $10,000, but the Village refused their request. The Joneses testified that Ray denied that he had represented to them that the Village had agreed to allow them to purchase a boat slip for the purchase price of $10,000. Phillip testified in his affidavit that he had been damaged as a result of the "deception and breach" of the Village.

Standard of Review

" 'We review this case de novo, applying the oft-stated principles governing appellate review of a trial court's grant or denial of a summary judgment motion:
" ' "We apply the same standard of review the trial court used in determining whether the evidence presented to the trial court created a genuine issue of material fact. Once a party moving for a summary judgment establishes that no genuine issue of material fact exists, the burden shifts to the nonmovant to present substantial evidence creating a genuine issue of material fact. 'Substantial evidence' is 'evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.' In reviewing a summary judgment, we view the evidence in the light most favorable to the nonmovant and entertain such reasonable inferences as the jury would have been free to draw.' "
" American Liberty Ins. Co. v. AmSouth Bank, 825 So.2d 786, 790 (Ala. 2002) (quoting Nationwide Prop. & Cas. Ins. Co. v. DPF Architects, P.C., 792 So.2d 369, 372 (Ala. 2000) (citations omitted))."

General Motors Corp. v. Kilgore, 853 So.2d 171, 173 (Ala. 2002).

Discussion

On appeal, the Joneses argue that the trial court erred in entering a summary judgment in favor of the Village on their claims of breach of contract and fraudulent inducement.

"One of the elements of a breach-of-contract claim under Alabama law is the existence of 'a valid contract binding the parties.' Reynolds Metals Co. [v. Hill], 825 So.2d [100] at 105 [ (Ala. 2002) ]. ' "The requisite elements of [a valid contract] include: an offer and an acceptance, consideration, and mutual assent to terms essential to the formation of a contract." ' Ex parte Grant, 711 So.2d 464, 465 (Ala. 1997) (quoting St[r]ength v. Alabama Dep't of Fin., Div. of Risk Mgmt., 622 So.2d 1283, 1289 (Ala. 1993) )."

Avis Rent A Car Sys., Inc. v. Heilman, 876 So.2d 1111, 1118 (Ala. 2003). In the present case, the language in the addendum to the contract indicates that the Joneses had offered to purchase a boat slip; however, the language does not indicate an acceptance of that offer by the Village. Although the Joneses presented evidence indicating that the Village, through its agent Ray, orally promised that the Joneses would be permitted to purchase a boat slip for $10,000 once additional boat slips were built, paragraph 34 of the contract contains a merger clause, which is effective in breach-of-contract actions to bar parol evidence of agreements outside the four corners of the contract. See, e.g., Dixon v. SouthTrust Bank of Dothan, N.A., 574 So.2d 706, 708 (Ala. 1990) (holding that the parol-evidence rule is applicable to actions for breach of contract). Because there is no substantial evidence of acceptance, which is necessary to form a valid contract, we conclude that the breach-of-contract claim was due to be denied as a matter of law.

We reach an opposite conclusion on the claim alleging fraudulent inducement. As this court has previously recognized:

" '[T]he law in this state renders an integration, or merger, clause ineffective to bar parol evidence of fraud in the inducement or procurement of a contract. Other courts and general authorities have acknowledged that this rule is well established. See 3 S. Williston, Williston on Contracts §§ 811-811A (3d ed. 1961); Restatement of Contracts § 573 (1932) ; 3 A. Corbin, Corbin on Contracts § 578, p. 405, n.42 (3d ed. 1960 and 1992 Supp.) (noting that a merger clause "does not prevent proof of fraudulent representations by a party to the contract, or of illegality, accident, or mistake" and further noting that "[s]uch evidence may directly contradict the writing; but at the same time it shows the whole writing to be void or voidable, including the statement by which representations and mistakes are denied"); id. § 580, p. 431, n.65 (noting that "it is in no case denied that oral testimony is admissible to prove fraud"). See also 37 Am. Jur. 2d, Fraud and Deceit § 453 (1968) (noting that "[t]he general rule that parol or extrinsic evidence is admissible to prove that a written contract was procured by fraud ordinarily applies ... in spite of special provisions in the contract which purport to limit the application of parol evidence"). In Downs v. Wallace, [ 622 So.2d 337 (Ala. 1993),] this Court noted that such a holding is required: "To hold otherwise is to encourage deliberate fraud." 622 So.2d at 342.'
" Environmental Sys., Inc. v. Rexham Corp., 624 So.2d 1379, 1383 (Ala. 1993) ; see also Downs v. Wallace, 622 So.2d 337, 342 (Ala. 1993) (holding that 'when the agreement has been induced by intentional fraud the mere presence of an integration clause in the written instrument does not, as a matter of law, insulate the guilty party')."

McCullough v. Allstate Prop. & Cas. Ins. Co., 256 So.3d 103, 109 (Ala. Civ. App. 2018). Accordingly, with regard to the Joneses' claim alleging fraudulent inducement, we will consider the Joneses' testimony regarding the oral representations that they assert were made by Ray.

"The elements of fraudulent misrepresentation are: ' "(1) [a] false representation (2) of a material existing fact (3) relied upon by the plaintiff (4) who was damaged as a proximate result of the misrepresentation. Earnest v. Pritchett-Moore, Inc., 401 So.2d 752 (Ala. 1981)." ' Pranzo v. ITEC, Inc., 521 So.2d 983, 984 (Ala. 1988) (quoting Coastal Concrete Co. v. Patterson, 503 So.2d 824, 826 (Ala. 1987) ). When, as in this case, ' "fraud is based upon a promise to perform or abstain from performing in the future, two additional elements must be proved: (1) the defendant's intention, at the time of the alleged misrepresentation, not to do the act promised, coupled with (2) an intent to deceive. Clanton v. Bains Oil Co., 417 So.2d 149 (Ala. 1982)." ' Pranzo, 521 So.2d at 983 (quoting Coastal Concrete, 503 So.2d at 826 )."

Alabama Psychiatric Servs., P.C. v. 412 S. Court St., LLC, 81 So.3d 1239, 1247 (Ala. 2011).

In the present case, the Joneses presented substantial evidence indicating that the Village, through its agent Ray, had falsely represented that the Joneses would be able to purchase a boat slip for $10,000, that they had relied on that representation, and that they had been damaged as a result. Furthermore, the inconsistency between Ray's oral representations, both before and at the time the Joneses entered into the contract to purchase the lake house, and his representations made during the prosecution of this action-specifically, that the Village had never intended to allow the Joneses to purchase a boat slip for $10,000-constitutes substantial evidence indicating that the Village's intent was to not allow the Joneses to purchase a boat slip for $10,000 and that Ray's oral representations were made with an intent to deceive. Therefore, the trial court's summary judgment was not proper on the basis that there was not substantial evidence of the elements of fraudulent inducement.

We next address whether the fraudulent-inducement claim was barred by the applicable statute of limitations. Initially, we note that the statute of limitations for claims based upon fraud is two years. See Ala. Code 1975, § 6-2-38(l ). Section 6-2-3, Ala. Code 1975, provides that, "[i]n actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have two years within which to prosecute his action." See also Dixon v. SouthTrust Bank of Dothan, N.A., 574 So.2d at 708 ("A claim for fraud accrues at the time of 'the discovery by the aggrieved party of the fact constituting fraud.' " (quoting Ala. Code 1975, § 6-2-3 )). In this case, the Joneses testified in their affidavits that they discovered in January 2016 that they would not be permitted to purchase a boat slip for $10,000. They filed their complaint less than six months after they discovered the alleged fraud, well within the applicable two-year limitations period set forth in § 6-2-3. Therefore, the trial court's summary judgment was not proper on the basis that the statute of limitations had run on the claim of fraudulent inducement.

Conclusion

Based on the foregoing, we affirm the summary judgment in favor of the Village on the Joneses' claim alleging breach of contract; we reverse the summary judgment in favor of the Village on the Joneses' claim of fraudulent inducement and remand this cause for further proceedings.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

Thompson, P.J., and Pittman, Thomas, and Donaldson, JJ., concur.

      Because we affirm the trial court's judgment on this point, we pretermit discussion of the additional issue raised by the Joneses regarding the statute of limitations applied to the breach-of-contract claim.


author: JOINER, Judge.

text:
    J'Anthony Corteze SHOWERS v. STATE of Alabama
    CR-15-1387
    Court of Criminal Appeals of Alabama.
    August 11, 2017
    John Paul Weber, Tuscaloosa, for appellant.
    Luther Strange, atty. gen., and P. David Bjurberg, asst. atty. gen., for appellee.
   JOINER, Judge.

J'Anthony Corteze Showers pleaded guilty on November 30, 2015, to two counts of unlawful distribution of a controlled substance. See §§ 13A-12-211, Ala. Code 1975. On June 27, 2016, the circuit court sentenced Showers to 97 months' imprisonment on each conviction and ordered that the sentences were to run consecutively; the circuit court split each sentence, ordering Showers to serve consecutive terms of 18 months in the Pickens County jail followed by 60 months' probation. In his appeal to this Court, Showers challenges only his sentences.

Specifically, Showers questions whether the circuit court correctly applied the presumptive sentencing standards ("the presumptive standards") that became effective October 1, 2013. See § 12-25-34.2, Ala. Code 1975. See also Hyde v. State, 185 So.3d 501, 502-04 (Ala. Crim. App. 2015) (detailing the history of the Alabama Sentencing Reform Act of 2003, codified at §§ 12-25-30 to -38, Ala. Code 1975, as well as the 2012 amendment to that act). Showers argues that, under the facts of his case, his consecutive base sentences (97 months) and consecutive split sentences (18 months) do not comport with the presumptive standards.

The Presumptive and Voluntary Sentencing Standards Manual sets forth the offenses subject to the presumptive standards and provides circuit courts instructions and worksheets to use in imposing a sentence under the presumptive standards. In Snow v. State, 197 So.3d 549 (Ala. Crim. App. 2015), this Court provided the following relevant description of the presumptive standards:

"The presumptive sentencing standards apply only to those nonviolent offenses included in the 'Property A' and 'Drug Offense' worksheets. See Presumptive and Voluntary Sentencing Standards Manual 19. The presumptive sentencing standards do not apply to convictions carrying a mandatory sentence of life imprisonment without parole or to sex offenses involving a child victim under 12 years of age. Id. Likewise, the presumptive standards do not apply to those offenses included in the 'Personal Worksheets,' which include offenses such as assault, manslaughter, murder, rape, robbery and sodomy, or the 'Property Worksheets,' which include only burglary offenses. See Presumptive and Voluntary Sentencing Standards Manual 53.
"When the presumptive sentencing standards apply, sentencing worksheets are presented to the prosecutor, the defendant and/or his attorney, and the sentencing judge before sentencing. Presumptive and Voluntary Sentencing Standards Manual 17. 'Worksheets must be completed and considered when the "most serious offense" at a sentencing event is a worksheet offense in the same venue.' Presumptive and Voluntary Sentencing Standards Manual 20. 'A sentencing event includes all convictions sentenced at the same time, whether included as counts in one case or in multiple cases, regardless of whether offenses are worksheet offenses.' Presumptive and Voluntary Sentencing Standards Manual 20 (emphasis in original)....
"Circuit courts are given 'significant discretion in arriving at sentencing decisions' under the presumptive standards. Presumptive and Voluntary Sentencing Standards Manual 14. That discretion includes a circuit court's decision, 'in exceptional cases,' to depart from the durational or dispositional recommendation, or both, 'upon a finding of aggravating and/or mitigating factors.' Presumptive and Voluntary Sentencing Standards Manual 24. A circuit court 'must consider all aggravating and/or mitigating factors proven for a sentencing event, but the decision to depart from the presumptive sentence recommendation is in the discretion of the court.' Presumptive and Voluntary Sentencing Standards Manual 24. Before a circuit court chooses to depart from a dispositional or durational recommendation under the presumptive sentencing standards, certain procedures must be followed, among them that the prosecutor must prove beyond a reasonable doubt that an aggravating factor exists. Id. The presumptive standards also provide that '[t]he defendant is entitled to a jury trial on the existence of any aggravating factor, unless the aggravating factor is admitted by the defendant or both the defendant and the prosecutor waive a jury determination and request the judge alone to decide.' Id."

197 So.3d at 551-52.

In the instant case, Showers was sentenced at one "sentencing event" for two counts of unlawful distribution of a controlled substance. The "In/Out Worksheet" prepared for Showers indicates a dispositional recommendation of "non-prison," and the "Sentence-Length Worksheet" indicates a presumptive sentence range of 15 to 97 months with a split range of 8 to 27 months. (C. 145, 149.)

The State did not seek a departure sentence, and the circuit court did not assert that it was imposing a departure sentence. Showers contends that by imposing consecutive base sentences of 97 months each and consecutive split sentences of 18 months each, the circuit court imposed sentences that fail to comply with the guidelines. We agree.

The Presumptive and Voluntary Sentencing Standards Manual states the following regarding a sentencing event:

"Imposition of Sentence
"A sentence comports to the Standards when the sentence conforms to the recommendation on the In/Out Worksheet and the sentence length is chosen from the recommended sentence ranges on the Prison Sentence Length Table.
"Once a sentence has been selected from the recommended Prison Sentence Length Table, the sentencing judge may determine how that sentence shall be imposed for that sentencing event. The total or aggregate sentence event cannot exceed the sentence selected for the most serious offense.
"Example:
"If a defendant is sentenced for three Class B felonies at one sentencing event and the chosen sentence is 120 months (10 years), the following is a non-exclusive list of examples of sentence the judge may impose:
• 120 months for each conviction to run concurrently = 120 months;
• 40 months for each conviction to run consecutively = 120 months; or
• one 60 month sentence and two 30 month sentences to run consecutively = 120 months.
"In the above example, unless there is a departure, no combination of sentences can exceed 120 months for all cases or counts, for both covered and non-covered offenses.
"A split sentence conforms to the Standards if the total sentence imposed and the length of the 'split' fall within the statutory ranges specified in Ala. Code § 15-18-8 and the recommended sentence ranges provided in the Prison Sentence Length Table. Where the In/Out worksheet recommendation is 'Prison' and a split sentence is imposed, the incarceration portion of the 'split' cannot be suspended and comport with the Standards. The incarceration portion of the split must be served either in community corrections, if otherwise eligible, or in the actual custody of the Alabama Department of Corrections.
"An unsuspended sentence to prison that results in actual incarceration (in [an Alabama Department of Corrections ('ADOC') ] facility or a facility under contract to ADOC is considered a 'prison' sentence and does not conform to a 'non-prison' recommendation under the Standards. A sentence conditioned on completing a program in the Department of Corrections includes an 'unsuspended' sentence to prison and therefore does not comply with a 'non-prison' recommendation. A sentence to community corrections is considered to conform to either a 'prison' or 'non-prison' recommendation.
"A 'reverse split' sentence is considered a 'non-prison' sentence and does not conform to a 'prison' recommendation under the Standards.
"Examples of non-prison and prison dispositions
"Non-prison Prison (unsuspended sentence )
Probation Department of Corrections (prison)
Community Corrections Community Corrections
County Jail/Work Release Split to serve incarceration in ADOC or Community Corrections
Reverse Split
Split sentence with a suspended split"

Presumptive and Voluntary Sentencing Standards Manual 23.

In Showers's case, the imposed sentences comport with the dispositional recommendation of the standards; the split sentences to be served in the county jail are "non-prison" dispositions. The sentences imposed do not, however, comport with the durational recommendation of the standards.

The instructions and examples quoted above demonstrate that, when a circuit court imposes a sentence at a "sentencing event," the sentence range for the most serious offense controls, and "[t]he total or aggregate sentence for the sentence for the sentencing event cannot exceed the sentence selected for the most serious offense." Presumptive and Voluntary Sentencing Standards Manual 23. Here, the maximum duration of sentence that Showers could receive is 97 months, and the maximum split sentence he could receive is 27 months. Thus, his consecutive base sentences of 97 months' imprisonment and his consecutive split sentences of 18 months in the county jail do not comport with the durational guidelines.

Because the sentences imposed on Showers do not comport with the requirements of the Presumptive and Voluntary Sentencing Standards Manual as to the base-sentence duration and the split-sentence duration, the circuit court abused its discretion in sentencing Showers. See Hyde, 185 So.3d at 513. Accordingly, the judgment of the circuit court imposing sentences on Showers is reversed, and this case is remanded to the circuit court for that court to impose sentences that comport with the presumptive sentencing standards. Due return should be made to this Court within 28 days of the release of this opinion.

REVERSED AND REMANDED WITH INSTRUCTIONS.

Windom, P.J., and Welch, Kellum, and Burke, JJ., concur.

      The presumptive sentencing standards have been amended since the events relevant to this appeal; those amendments became effective October 1, 2016. See Alabama Sentencing Commission, Presumptive and Voluntary Sentencing Standards Manual (2016). Unless otherwise noted, all references to the presumptive sentencing standards or to the Presumptive and Voluntary Sentencing Standards Manual are to the version of those standards and manual that became effective October 1, 2013. See Alabama Sentencing Commission, Presumptive and Voluntary Sentencing Standards Manual (2013).
      * Note from the reporter of decisions: On December 8, 2017, on return to remand, the Court of Criminal Appeals affirmed, without opinion.


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    District Court of Appeal of Florida, Second District.
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    F. M., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
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    District Court of Appeal of Florida, Second District.
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    District Court of Appeal of Florida, Second District.
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    District Court of Appeal of Florida, Second District.
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    District Court of Appeal of Florida, Second District.
    March 31, 2017
    DECISION WITHOUT PUBLISHED OPINION
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    District Court of Appeal of Florida, Second District.
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    Case No. 2D16-4733
    District Court of Appeal of Florida, Second District.
    Opinion filed October 27, 2017
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text:
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    M.A., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.
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    District Court of Appeal of Florida, Second District.
    Opinion filed October 27, 2017
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    William ST. CLAIRE, Appellant/Petitioner(s), v. STATE of Florida, et al., Appellee/Respondent(s).
    CASE NO.: 2D17-2411, 2D16-5194
    District Court of Appeal of Florida, Second District.
    August 29, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Carlos Romero ANGELES, Petitioner, v. STATE of Florida, Respondent.
    Case No. 2D17-2600
    District Court of Appeal of Florida, Second District.
    Opinion filed December 8, 2017
    DECISION WITHOUT PUBLISHED OPINION
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text:
    Bandy B. PEOPLES, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4119
    District Court of Appeal of Florida, Second District.
    November 07, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


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    James REGESTER and Tarzis Regester, Appellant/Petitioner(s), v. BEAZER HOMES CORPORATION, Appellee/Respondent(s).
    CASE NO.: 2D16-5077
    District Court of Appeal of Florida, Second District.
    November 07, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
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    CASE NO.: 2D17-3037
    District Court of Appeal of Florida, Second District.
    November 06, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


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    L.D., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D17-3320
    District Court of Appeal of Florida, Second District.
    November 21, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


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    CASE NO.: 2D17-3303
    District Court of Appeal of Florida, Second District.
    November 21, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    B.B., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D17-2627
    District Court of Appeal of Florida, Second District.
    November 21, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


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    CASE NO.: 2D17-4193
    District Court of Appeal of Florida, Second District.
    November 01, 2017
    DECISION WITHOUT PUBLISHED OPINION
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    K. J., Appellant/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D17-3560
    District Court of Appeal of Florida, Second District.
    December 14, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    T.L., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D17-1451
    District Court of Appeal of Florida, Second District.
    November 30, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
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    CASE NO.: 2D17-3493
    District Court of Appeal of Florida, Second District.
    October 04, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
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    CASE NO.: 2D17-2514
    District Court of Appeal of Florida, Second District.
    July 25, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    A.A., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D17-3965
    District Court of Appeal of Florida, Second District.
    January 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
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    CASE NO.: 2D15-4714
    District Court of Appeal of Florida, Second District.
    November 30, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
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    CASE NO.: 2D17-1921
    District Court of Appeal of Florida, Second District.
    November 28, 2017 Rehearing Denied August 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


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    CASE NO.: 2D16-2824
    District Court of Appeal of Florida, Second District.
    November 16, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Certiorari is dismissed.


text:
    Jeffery RAHAUISER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1165
    District Court of Appeal of Florida, Second District.
    Opinion filed September 26, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    S. N., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D17-3469
    District Court of Appeal of Florida, Second District.
    January 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Z. A. C., Appellant/Petitioner(s), v. Joseph SEEBER, Superintendent, Appellee/Respondent(s).
    CASE NO.: 2D17-4717
    District Court of Appeal of Florida, Second District.
    December 08, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    M. L. G., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D17-4248
    District Court of Appeal of Florida, Second District.
    November 28, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
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    Case No. 2D16-5624
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Joseph BURGESS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1497
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Steven Gene MAYE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2466
    District Court of Appeal of Florida, Second District.
    Opinion filed September 26, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Deborah Joyce NICHOLSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3787
    District Court of Appeal of Florida, Second District.
    Opinion filed September 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
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    Case No. 2D17-1991
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
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    Case No. 2D17-4126
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kristen Marie KAVANAGH, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4359
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Thomas Lee BIGGS, DOC #S09982, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4125
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
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    Case No. 2D17-4285
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Willie Lee WINTONS, Appellant/Cross-Appellee. v. STATE of Florida, Appellee/Cross-Appellant.
    Case No. 2D17-2659
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Dennis Jeff GALLAGHER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3083
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Joshua LINEHAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3589
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Adam Silva MILLAN, DOC# 942536, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3840
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    John Darryl PEEL, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3952
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Torrey Terrill ELDRIDGE, DOC# 748605, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4992
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Carlos Ramon SANTIAGO, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-408
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Sandra Michelle JACKSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-360
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    George W. WALLACE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4363
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Nathan REWERTS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-674
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ryan Stevie TIRADO, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2023
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James Frenel ISAAC, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1801
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ervin MURRAY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2163
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Lequez Alon GORDON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2533
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Marquese JOHNSON, a/k/a Marquese Antiwan Johnson, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3492
    District Court of Appeal of Florida, Second District.
    Opinion filed September 28, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James CARTER, DOC# T82442, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2540
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Wendell Douglas MICKLER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3117
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Wayne OLDS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3276
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Tyrone L. CARTER, DOC #Y19848, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4497
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Marquese Antiwan JOHNSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3615
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Brian Keith SAMUEL, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4077
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    George E. BAKER, DOC# 282007, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-5062
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michael John PHILLIPS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4445
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    John Steven DI VITO, Appellant, v. DEPARTMENT OF HEALTH, Appellee.
    Case No. 2D17-3842
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jonathan SIMONELL, DOC #528933, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4535
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Willie BURTON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-546
    District Court of Appeal of Florida, Second District.
    Opinion filed October 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    S.M., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-33
    District Court of Appeal of Florida, Second District.
    Opinion filed January 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Lisa DAILY, Appellant, v. Thomas P. DAILY, Appellee.
    Case No. 2D17-4570
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kamren Jecorey GARTH, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4669
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Matthew LAINE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2637
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ashley DEVINE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3961
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Joseph D. WALSH, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4324
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Terry CONEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1228
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Joel Adrian CRUZ, Doc #158197, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3593
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    In the INTEREST OF S.R.C., a child.
    Prospective Adoptive Parents, Appellant, v. T.D., Appellee.
    Case No. 2D18-1700
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James D. SHIMKO, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-734
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Aron RODRIGUEZ-VILLASANA, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-732
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert STAPOR, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-812
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Alan Boyd CURTIS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-978
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Theodore H. JOHNSON & Penny D. Johnson, Appellants, v. WELLS FARGO BANK, N.A., Appellee.
    Case No. 2D18-999
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert HANNEMAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1330
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    In the INTEREST OF M.A. and M.A., children.
    K.A., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.
    Case No. 2D18-2298
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Roger D. CARTER, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-328
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    In the INTEREST OF H.D. and X.D., Children.
    R.D., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.
    Case No. 2D18-2512
    District Court of Appeal of Florida, Second District.
    Opinion filed October 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Melissa HOWARD, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-407
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Benito TORRES, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-595
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    In the INTEREST OF A.S., a child.
    S.B., Appellant, v. Department of Children and Families, Appellee.
    Case No. 2D18-3267
    District Court of Appeal of Florida, Second District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    In the INTEREST OF P.E.C.P and R.R.J., Children.
    B.W., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.
    Case No. 2D18-2617
    District Court of Appeal of Florida, Second District.
    Opinion filed October 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    William J. MILNE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-311
    District Court of Appeal of Florida, Second District.
    Opinion filed October 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Tyrone TERRY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4423
    District Court of Appeal of Florida, Second District.
    Opinion filed October 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Joseph PIOTROWSKI, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-414
    District Court of Appeal of Florida, Second District.
    Opinion filed October 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Antonio Jermaine WATSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-190
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert SCHULLER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-780
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kenneth Ray GOODWILL, DOC# R83409, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2972
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Woodrow SINQUEFIELD, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-893
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Damien Delon JONES, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-492
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert SCHULLER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1653
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Martin Fredrick MASTRIANO, DOC# R90472, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4065
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert SCHULLER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-5015
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Roger GARDEN, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4977
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Danyelle Chante JONES, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-426
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Diego GONZALEZ-GARCIA, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-84
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert SCHULLER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2114
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Tina ZAFFUTO, as Personal Representative of the Estate of Robert T. Zaffuto, Deceased, Appellant, v. ST. JOSEPH'S HOSPITAL, INC., Appellee.
    Case No. 2D17-539
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    STATE of Florida, Appellant, v. Michael Edwin WORLDS, Appellee.
    Case No. 2D17-5126
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Charles Edward RIES, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-5101
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Byron A. ROBINSON, a/k/a Byron Anthony Robinson, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-954
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James V. SMITH, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-2728
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    STATE of Florida, Appellant, v. Nicholas Joseph DESABATINO, Appellee.
    Case No. 2D17-3665
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    S.L.R., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4260
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Graham JACKMAN, Appellant, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF the STANWICH MORTGAGE LOAN TRUST A; JPMorgan Chase Bank; Franklin Credit Management Corporation; Capital One N.A.; and Pinellas County Clerk of Court, Appellees.
    Case No. 2D18-349
    District Court of Appeal of Florida, Second District.
    Opinion filed October 26, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Patrick Lynn TOWNSEND, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4730
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Gregory Demetruis WEDLOW, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1383
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Donald WALKER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1384
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Wilfred Paul MILLER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1390
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Honore L. CLINTON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1400
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Willie MCGEE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2622
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Freddie Franklin JOHNSON, DOC #148032, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-271
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Willie MCGEE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2849
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Antonio ANDREWS, DOC #H49934, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-556
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Mack C. SHULER, a/k/a Mack Charles Shuler, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-586
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kevin Michael ROSE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-977
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Darwin OLIVER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-5009
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    LaDarius BROWN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1367
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Lorne PETERSON, Petitioner, v. Julie L. JONES, Secretary, Florida Department of Corrections, Respondent.
    Case No. 2D18-1576
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Willie MCGEE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1441
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Marcus Elby ROGERS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-195
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Joseph L. WORKMAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1285
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Cedrick Junior EMILCAR, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3692
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Gary WILLIAMS, DOC #H07666, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3994
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Raymond Edward MCKAY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4228
    District Court of Appeal of Florida, Second District.
    Opinion filed October 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jihad Mutlag SAMMARCO, DOC #R29143, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D15-5623
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert FLETCHER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-2035
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Gary Lee ROCHE, DOC #S40816, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1747
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Cordarryl M. ROGERS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2093
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Elbert Lee CLARK, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2117
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Bernito EUGENE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2443
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Josias PLEASANT, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2648
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    L.S., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3090
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Johnny RODRIGUEZ-MOREL, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3106
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Steven Jay EDELMAN, DOC #L16675, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3422
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kenidie BARNES, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4131
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    J.R., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4259
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Prince Solomon HOUSE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4413 2D17-4415
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    SON THANH UONG, DOC #314757, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-122
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Erin M. MAHONEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-228
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Maryann VERDI, Petitioner, v. STATE of Florida, Respondent.
    Case No. 2D18-262
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Tina ZAFFUTO, as Personal Representative of the Estate of Robert T. Zaffuto, Appellant, v. ST. JOSEPH'S HOSPITAL, INC., Appellee.
    Case No. 2D17-3773
    District Court of Appeal of Florida, Second District.
    Opinion filed November 7, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jadeus Kieran Gervase JORDAN, Appellant, v. STATE of Florida, Appellee.
    Case Nos. 2D17-2612 2D17-2625 2D17-2657 2D17-2732
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed,


text:
    Brian Steven LEITSCHUH, DOC #X67559, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3595
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Norman SHERMAN, DOC #526251, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-199
    District Court of Appeal of Florida, Second District.
    Opinion filed November 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Garry N. SAVAGE, Sr., and Garry N. Savage, Jr., Appellants, v. Bethine FILION, Individually, as Sole Successor Trustee of the Filion Family Living Trust, Dated 01/18/1992, and as Beneficiary of Her Iras and Those of the Late Richard Filion, Appellee.
    Case No. 2D17-4923
    District Court of Appeal of Florida, Second District.
    Opinion filed November 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    In the INTEREST OF L.M-C, B.C., J.C., and K.C., children.
    M.C., Petitioner, v. Department of Children and Families and Guardian ad Litem Program, Respondents.
    Case Nos. 2D18-2176 2D18-2205
    District Court of Appeal of Florida, Second District.
    Opinion filed November 7, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    In the INTEREST OF B.C., J.C., K.C., and L.M-C., Children
    Adoption Entity, Leenetta Blanton Carden, P.A., Appellant, v. M.C., Department of Children and Families and Guardian Ad Litem Program, Appellees.
    Case No. 2D18-2204
    District Court of Appeal of Florida, Second District.
    Opinion filed November 7, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    In the INTEREST OF C.B., a Child.
    A.B., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.
    Case No. 2D18-2776
    District Court of Appeal of Florida, Second District.
    Opinion filed November 7, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Anthony Jesse LAMBERSON, Appellant, v. STATE of Florida, Appellee.
    Case Nos. 2D17-4245 2D18-1692
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Stephen E. HOPKINS, Personal Representative of the Estate of William P. Hopkins, II, Appellant, v. NEW TAMPA ASSISTED LIVING COMMUNITY, LLC; Angels Senior Living at New Tampa, LLC ; Angels Care Health Systems, Inc., a/k/a Angels Care Health Systems, LLC (as to Connerton Court of New Tampa n/k/a Angels Senior Living at New Tampa, LLC ), Appellees.
    Case No. 2D18-183
    District Court of Appeal of Florida, Second District.
    Opinion filed November 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    David DRESDNER, M.D., Petitioner, v. PINELLAS HEMATOLOGY AND ONCOLOGY, P.A., Respondent.
    Case No. 2D18-798
    District Court of Appeal of Florida, Second District.
    Opinion filed November 7, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    STATE of Florida, Appellant/Petitioner(s), v. David Allen RALSTON, Appellee/Respondent(s).
    CASE NO.: 2D18-1543
    District Court of Appeal of Florida, Second District.
    November 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Recalled.


text:
    EMERGENCY MEDICAL ASSOCIATES OF TAMPA BAY, L.L.C. and Emergency Medical Associates of Florida, L.L.C., Petitioners, v. Jacques CORTES-GASCOT; Shrinath S. Kamat, M.D., P.A. d/b/a Bay Area Neurology Associates ; Shrinath Sheshgiri Kamat, M.D.; Baycare Health System, Inc., d/b/a St. Joseph's Hospital, Inc.; Pamela B. Wilson, M.d.; Daniel H. Hopkins, D.O.; Bhavik Patel, M.D.; Cogent Healthcare of Pensacola, L.L.C.; and Cogent Healthcare, Inc., Respondents.
    Case No. 2D18-1511
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Christine SILVER, Petitioner, v. Anthony SILVER, Respondent.
    Case No. 2D18-2838
    District Court of Appeal of Florida, Second District.
    Opinion filed November 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    C.H., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D17-1906
    District Court of Appeal of Florida, Second District.
    December 21, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    V. H. M., Appellant/Petitioner(s), v. Joseph SEEBER, Superintendent, Appellee/Respondent(s).
    CASE NO.: 2D17-4404
    District Court of Appeal of Florida, Second District.
    November 27, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed as moot.


text:
    C.L.G., Appellant/Petitioner(s), v. Joseph SEEBER, Superintendent, Appellee/Respondent(s).
    CASE NO.: 2D17-4090
    District Court of Appeal of Florida, Second District.
    November 27, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    C.B., the Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1125
    District Court of Appeal of Florida, Third District.
    AUGUST 22, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    M.T., the Father, appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2440
    District Court of Appeal of Florida, Third District.
    NOVEMBER 15, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    R.P., Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0921
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 29, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    J.B., the Father, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1376
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 27, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    H.B., the Father, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1209
    District Court of Appeal of Florida, Third District.
    SEPTEMBER 06, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Q.B., a juvenile, Appellant, v. The STATE of Florida, Appellee.
    No. 3D17-824
    District Court of Appeal of Florida, Third District.
    Opinion filed November 29, 2017.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    N.W., a juvenile, Appellant, v. The STATE of Florida, Appellee.
    No. 3D17-0355
    District Court of Appeal of Florida, Third District.
    Opinion filed November 29, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    M.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.
    No. 3D17-1250
    District Court of Appeal of Florida, Third District.
    Opinion filed November 29, 2017.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    A.R., the Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2468
    District Court of Appeal of Florida, Third District.
    NOVEMBER 22, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    L.P., the Father, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2423
    District Court of Appeal of Florida, Third District.
    NOVEMBER 30, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    S.A., the Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1900
    District Court of Appeal of Florida, Third District.
    NOVEMBER 16, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    E.C., The Father, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1676
    District Court of Appeal of Florida, Third District.
    NOVEMBER 14, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    J.R., a Juvenile, Appellant(s)/Petitioner(s), v. Wilmax DAMUS, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2421
    District Court of Appeal of Florida, Third District.
    NOVEMBER 14, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    S.S., the Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1919
    District Court of Appeal of Florida, Third District.
    NOVEMBER 30, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    M.R., The Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1559
    District Court of Appeal of Florida, Third District.
    NOVEMBER 29, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    S.L., the Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1880
    District Court of Appeal of Florida, Third District.
    NOVEMBER 20, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    M.R., the Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2308
    District Court of Appeal of Florida, Third District.
    NOVEMBER 20, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Edwin L. DEMPS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0080
    District Court of Appeal of Florida, Third District.
    JANUARY 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Transferred.


text:
    Dennis James MCARTHUR, Sr., Appellant(s)/Petitioner(s), v. Nely JONASSAINT, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2188
    District Court of Appeal of Florida, Third District.
    JANUARY 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Mandamus is denied as moot.


text:
    M.N., the father, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2358
    District Court of Appeal of Florida, Third District.
    JANUARY 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    C.R., the Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2339
    District Court of Appeal of Florida, Third District.
    DECEMBER 6, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Carlos MONGALO, Appellant, v. The STATE of Florida, Appellee.
    No. 3D18-1768
    District Court of Appeal of Florida, Third District.
    Opinion filed October 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Calvin Carice LUTON, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-1702
    District Court of Appeal of Florida, Third District.
    AUGUST 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Dennis James MCARTHUR, Sr., Appellant(s)/Petitioner(s), v. Nely JONASSAINT, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2188
    District Court of Appeal of Florida, Third District.
    JANUARY 11, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Otis Lamar TOWBRIDGE, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0017
    District Court of Appeal of Florida, Third District.
    JANUARY 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    James J. CAMPBELL, Appellant, v. The STATE of Florida, Appellee.
    No. 3D18-1179
    District Court of Appeal of Florida, Third District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Timothy Eugene THOMPKINS, Appellant, v. The STATE of Florida, Appellee.
    No. 3D17-1338
    District Court of Appeal of Florida, Third District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    KEY BISCAYNE GATEWAY PARTNERS, LTD., Appellant, v. VILLAGE OF KEY BISCAYNE, Appellee.
    No. 3D18-42
    District Court of Appeal of Florida, Third District.
    Opinion filed October 10, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Armando ALUART, Appellant, v. U.S. BANK, N.A., etc., Appellee.
    No. 3D18-302
    District Court of Appeal of Florida, Third District.
    Opinion filed October 10, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James BURKES, Appellant, v. The STATE of Florida, Appellee.
    No. 3D17-653
    District Court of Appeal of Florida, Third District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Domingo VELOSO, Appellant, v. The STATE of Florida, Appellee.
    No. 3D16-2745
    District Court of Appeal of Florida, Third District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Armon J. EVERETT, Appellant, v. The STATE of Florida, Appellee.
    No. 3D18-1905
    District Court of Appeal of Florida, Third District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Bret REHM, Appellant, v. The STATE of Florida, Appellee.
    No. 3D18-1757
    District Court of Appeal of Florida, Third District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jose Gilberto SOLER, Appellant, v. The STATE of Florida, Appellee.
    No. 3D18-1574
    District Court of Appeal of Florida, Third District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Julie BEN-SHIMOL, Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    No. 3D18-885
    District Court of Appeal of Florida, Third District.
    Opinion filed October 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.