Alan R. Schwartz

Griffis v. Florida Fish & Wildlife Conservation Commission

District Court of Appeal of Florida · 2011-03-28 · cited 1×

The case involved the Florida Fish and Wildlife Conservation Commission revoking Edgar Griffis's commercial saltwater fishing privileges and imposing a $5,000 penalty after he pled no contest to a grand theft charge. The court reversed the Commission's action, holding that the statute authorizing the penalties applies only to a judicial disposition on a charge of theft of or from a trap, which was not the case here since the specific trap-related counts were dropped and the plea was to a generic theft count. The decision rested on strict construction of penalty statutes in favor of the affected party, the principle that a defendant cannot be convicted of an uncharged crime, and the fact that the plea did not match the statutory requirements.

criminal lawenvironmentbusiness & regulatory

1700 RINEHART, LLC v. Advance America

District Court of Appeal of Florida · 2010-12-17 · cited 6×

This case involved a dispute over a commercial lease for space in Sanford, Florida, intended solely for the tenant's check-cashing business. The lessor sued the tenant's guarantor for unpaid rent after the tenant terminated the lease and never took possession, citing the city's denial of necessary zoning approvals including a conditional use permit. The trial court ruled the lease invalid due to lack of consideration from the zoning frustration, but the appellate court affirmed on different grounds. It held that the parties had specifically addressed the zoning risk in an amendment with a termination clause, making the frustration doctrine inapplicable, and that the tenant had timely exercised its right to cancel within the provided timeframe after using best efforts to obtain permits. The court rejected the lessor's argument that termination had to occur strictly within 90 days regardless of pending applications.

propertybusiness & regulatory

EE Dean Snavely, Inc. v. Weatherking, Inc.

District Court of Appeal of Florida · 1977-02-25 · cited 4×

Redwing Carriers, Inc. v. Watson

District Court of Appeal of Florida · 1977-01-28 · cited 4×

Mendelson v. Mendelson

District Court of Appeal of Florida · 1977-01-19 · cited 21×

In Re Estate of Baird

District Court of Appeal of Florida · 1977-01-14 · cited 11×

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Decision record

Alan R. Schwartz

Decision record

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