Singletary v. Gates, 96-3039

• Decision Date: 04 April 1997
• Docket Number: No. 96-3039,96-3039
• Citation: 690 So.2d 748
• Parties: 22 Fla. L. Weekly D876 Harry K. SINGLETARY, etc., Appellant, v. Carl L. GATES, Appellee.
• Court: Florida District Court of Appeals

Page 748

690 So.2d 748

22 Fla. L. Weekly D876

Harry K. SINGLETARY, etc., Appellant, v. Carl L. GATES, Appellee.

No. 96-3039.

District Court of Appeal of Florida, Fifth District.

April 4, 1997.

Appeal from the Circuit Court for Sumter County; John W. Booth, Judge.

Susan Schwartz, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellant.

No appearance for Appellee.

GOSHORN, Judge.

The Department of Corrections appeals from an order requiring it to restore gaintime which was forfeited during the service of the mandatory portion of Gates's sentence. We reverse. At the time the court entered its order, the trial judge correctly recognized he was bound by the First District's opinion in Buffa v. Singletary, 652 So.2d 885 (Fla. 1st DCA), dismissed, 658 So.2d 989 (Fla.1995). The First District has now receded from Buffa by its en banc opinion in Singletary v. Jones, 681 So.2d 836 (Fla. 1st DCA 1996).

REVERSED.

HARRIS and ANTOON, JJ., concur.