Case law

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  • Davis v. State

    587 So. 2d 580 · District Court of Appeal of Florida · Oct 8, 1991

    587 So.2d 580 (1991) Roosevelt DAVIS, Appellant, v. STATE of Florida, Appellee. No. 90-1271. District Court of Appeal of Florida, First District. October 8, 1991. *581 Nancy A. … See Brown v. State, 521 So.2d 110 , 112 (Fla.), cert. denied, 488 U.S. 912 , 109 S.Ct. 270 , 102 L.Ed.2d 258 (1988); Donald v. State, 562 So.2d 792, 795 (Fla. 1st DCA 1990), review denied, 576 So.2d 291 (Fla. 1991).

    Cited 6 timesPublished
  • Henshaw v. Kelly

    440 So. 2d 2 · District Court of Appeal of Florida · Oct 13, 1983

    Campbell v. Vetter, 392 So.2d 6 (Fla. 4th DCA 1981); Hardin v. North Miami Beach, 364 So.2d 843 (Fla. 3d DCA 1978). … Greater Boston Television Corp. v. FCC, 444 F.2d 841 (D.C. Cir.1970); Ideal Farms, Inc. v. Benson, 181 F. Supp. 62 (D.C.N.J. 1960).

    Cited 5 timesPublished
  • Davis v. State

    381 So. 2d 285 · District Court of Appeal of Florida · Mar 11, 1980

    See Brown v. State, 358 So.2d 16 (Fla. 1978), whose holding was reiterated in Brown v. State, 367 So.2d 1008 (Fla. 1979). The common law rule remains that one can resist without violence an unlawful arrest. Lowery v. … Leeman v. State, 357 So.2d 703 (Fla. 1978); Cantanese v. State, 251 So.2d 572 (Fla. 4th DCA 1971). Reversed and remanded for proceedings consistent herewith. ERVIN and SHAW, JJ., concur.

    Cited 6 timesPublished
  • Maloy v. Seminole Cnty.

    264 So. 3d 370 · District Court of Appeal of Florida · Feb 15, 2019

    Ctr., Inc. v. See , 79 So.3d 1 , 8 (Fla. 2012) ; Racetrac Petroleum, Inc. v. Delco Oil, Inc. , 721 So.2d 376 , 377 (Fla. 5th DCA 1998). … In Alachua County v.

    Cited 1 timesPublished
  • Little Club Condo. Ass'n v. Martin Cnty.

    259 So. 3d 864 · District Court of Appeal of Florida · Nov 21, 2018

    Gyongyosi v. … Rehman v.

    Cited 1 timesPublished
  • State Farm Mut. Auto. Ins. Co. v. Swetokos

    566 So. 2d 901 · District Court of Appeal of Florida · Sep 12, 1990

    Appellee's reliance upon Brown v. Champeau, 537 So.2d 1120 (Fla. 5th DCA 1989), is misplaced. The facts of Brown are similar except that the terms of that policy are distinguishable. … Brown at 1121-22 (emphasis added). The policy in Brown did not condition coverage on any particular class of vehicle or driver; it provided coverage for "any auto."

    Cited 1 timesPublished
  • City of Miami Beach v. Berns

    231 So. 2d 847 · District Court of Appeal of Florida · Feb 24, 1970

    Shortly after the appeal was filed in this case, the Supreme Court of Florida, in the case of Board of Public Instruction of *849 Broward County v. … Accordingly, we affirm the judgment, [5] for the reasons stated and on authority of Board of Public Instruction of Broward County v. Doran, supra. Affirmed.

    Cited 4 timesPublished
  • Sarasota Herald-Tribune Co. v. COM. HLT. CORP., INC.

    582 So. 2d 730 · District Court of Appeal of Florida · Jul 5, 1991

    Douglas v. Michel, 410 So.2d 936 (Fla. 5th DCA 1982), certified questions answered, 464 So.2d 545 (Fla. 1985). … We conclude, however, that the trial court misapplied our decision in Fox v. News-Press Publishing Co., 545 So.2d 941 (Fla. 2d DCA 1989), when it decided that the corporation was not acting on behalf of the Board.

    Cited 13 timesPublished
  • Limones v. School District of Lee County

    111 So. 3d 901 · District Court of Appeal of Florida · Feb 6, 2013

    Atcovitz v. … Murthy v. N.

    Reversed on other grounds by Abel Limones, Sr. v. School District of Lee County, 40 Fla. L. Weekly Supp. 182 (2015)Cited 5 timesPublished
  • ATLANTIC NAT. BK, ETC. v. Modular Age, Inc.

    363 So. 2d 1152 · District Court of Appeal of Florida · Nov 6, 1978

    363 So.2d 1152 (1978) ATLANTIC NATIONAL BANK OF JACKSONVILLE, a National Banking Association, Appellant, v. MODULAR AGE, INC., Brown Transport Corporation, C.P. Brown and I.C. Hemmings, Appellees. No. HH-420. … The bond was prepared by the Bank's attorneys and signed by appellees Brown Transport Corporation, C.P. Brown and I.C. Hemmings as nonprofessional and gratuitous sureties.

    Cited 3 timesPublished
  • Gertman v. State

    223 So. 2d 798 · District Court of Appeal of Florida · Jun 10, 1969

    For this conclusion the state relies upon Brown v. State, Fla., 1968, 206 *800 So.2d 377 , and Paul v. State, Fla. App., 1968, 209 So.2d 464 . Brown v. … State v. Jones, Fla., 1967, 204 So.2d 515 . The only exception to the general rule we are aware of is that stated in Brown.

    Cited 2 timesPublished
  • Freedman v. State Bd. of Accountancy

    370 So. 2d 1168 · District Court of Appeal of Florida · Jan 31, 1979

    Petitioner relies upon a recent case from the First District, Wasserman v. Florida State Board of Architecture, 361 So.2d 792 (Fla. 1st DCA 1978). … Singletary v. State, 322 So.2d 551 (Fla. 1975).

    Cited 7 timesPublished
  • U.S. Bank N.A. v. Vogel

    137 So. 3d 491 · District Court of Appeal of Florida · Mar 26, 2014

    Agency v. Holland, 82 So.3d 1034,1036 (Fla. 4th DCA 2011). In Arsali v. … Quoting from its prior decision in Moran-Alleen Co. v.

    Cited 8 timesPublished
  • Erwin v. STATE, DEPT. OF P. & OR, ETC., BD OF DENTISTRY

    320 So. 2d 2 · District Court of Appeal of Florida · Oct 8, 1975

    Munch v. … In Hickey v.

    Cited 10 timesPublished
  • Browning v. Poirier

    168 So. 3d 344 · District Court of Appeal of Florida · Jul 10, 2015

    In light of the Florida Supreme Court’s opinion in Browning v. Poirier, 165 So.3d 663 (Fla.2015), which quashed this court’s en banc opinion in Browning v. … Poirier, 128 So.3d 144 (Fla. 5th DCA 2013), we reinstate the decision of the original panel in Browning v. Poirier, 113 So.3d 976 (Fla. 5th DCA 2013).

    Cited 0 timesPublished
  • Spear v. State

    632 So. 2d 201 · District Court of Appeal of Florida · Feb 16, 1994

    See Brown v. State, 521 So.2d 110 (Fla.), cert. denied, 488 U.S. 912 , 109 S.Ct. 270 , 102 L.Ed.2d 258 (1988); Gonzalez v. State, 596 So.2d 711 (Fla. 3d DCA 1992). … Ayala v. State, 585 So.2d 483 (Fla. 2d DCA 1991); Williams v. State, 578 So.2d 846 (Fla. 4th DCA 1991); Westover v. State, 521 So.2d 344 (Fla. 2d DCA 1988).

    Cited 2 timesPublished
  • Hartland v. Allstate Insurance Company

    575 So. 2d 290 · District Court of Appeal of Florida · Feb 26, 1991

    Harris Brown and Reginald Luster of Osborne, McNatt, Cobb, Shaw, O'Hara & Brown, Jacksonville, for appellee. PER CURIAM. … Co. v. Wells, 507 So.2d 750 (Fla. 5th DCA 1987); and Harrison v. Metro. Property & Liab. Ins. Co., 475 So.2d 1370 (Fla. 2d DCA 1985).

    Cited 4 timesPublished
  • Florida Public Employees Council 79 v. Public Emp. Relations Comm'n

    871 So. 2d 270 · District Court of Appeal of Florida · Mar 22, 2004

    Bd. v. … Augustine v.

    Cited 4 timesPublished
  • Berger v. Berger

    182 So. 2d 279 · District Court of Appeal of Florida · Jan 19, 1966

    DiMarco v. King, Fla.App. 1962, 139 So.2d 750 ; Cowen v. Cowen, Fla. 1957, 95 So.2d 584 ; Thompson v. Field, Fla. 1951, 54 So.2d 520 ." We fail to find any error and thus approve these adjudications. … See Pollack v. Pollack, 1947, 159 Fla. 224 , 31 So.2d 253 ; McRae v. McRae, Fla. 1951, 52 So.2d 908 ; Banks v. Banks, Fla. 1957, 98 So.2d 337 ; Brown v. Brown, Fla.App. 1960, 123 So.2d 298 .

    Cited 11 timesPublished
  • Ferby v. State

    404 So. 2d 407 · District Court of Appeal of Florida · Oct 7, 1981

    See Powell v. State, 244 So.2d 746 (Fla. 1st DCA 1971); Brown v. State, 227 So.2d 527 (Fla. 1st DCA 1969), appeal dismissed, 237 So.2d 175 (Fla. 1970). … See, e.g., Fuller v. Wainwright, 238 So.2d 65 (Fla. 1970) (failure to call witnesses on behalf of defense is within discretion of trial counsel); Brown v. State, 404 So.2d 157 (Fla. 5th DCA 1981); Ables v.

    Cited 19 timesPublished

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