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Florida Assault Law
 
Lee Droke v. Christopher Andino

Lee Droke appeals a final judgment for protection against repeat violence entered
against him in favor of Christopher Andino. Mr. Droke argues that the trial court erred by
entering the petition where Mr. Andino only proved one act of violence. We agree.
Section 784.046(1)(b), Florida Statutes (2013) defines repeat violence as "two
incidents of violence or stalking committed by the... More...
   $0 (08-22-2014 - FL)

William James Deparvine v. State of Florida

William James Deparvine appeals an order of the circuit court denying his initial postconviction motion to vacate his conviction of first-degree murder and
- 2 -
sentence of death filed under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V,
§ 3(b)(1), (9), Fla. Const. As explained below, we affirm the... More...
   $0 (08-28-2014 - FL)

The State of Florida v. Manuel Ojeda

These consolidated cases are back before the Court on the State’s motion for
rehearing in Case No. 3D08-1079 (lower tribunal number 07-10526A). By opinion
filed May 1, 2013, we granted the State of Florida’s motion for rehearing in Case
No. 3D08-1077 (lower tribunal number 05-37152) and denied the State’s motion
for rehearing in Case No. 3D08-1079 (lower tribunal number 07-10... More...
   $0 (07-23-2014 - FL)

State of Florida v. Jorge Sandoval

State of Florida v. Jorge Sandoval

Seq No. Charge Charge Type Disposition
1 ASSAULT/AGG/DWEAP FELONY WH ADJ-PROB SP COND
2 PROBATION VIOLATION MISC HOLD ... More...
   $0 (02-21-2012 - FL)

Kris McKee and Kwinsi McKee v. Norman Public Schools

Kris McKee and Kwinsi McKee v. Norman Public Schools and Angela Mendoza

Issue # 1.
Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed by: MCKEE, KRIS
Filed Date: 07/05/2012
Party Name: Disposition Information:


Disposed: DISMISSED - WITH PREJUDICE, 05/22/2014. Dismissed- Settled.

1. Plaintiffs, Kris McKee and Kwinsi McKee, and their minor son, M.M., are r... More...
   $6500 (05-22-2014 - FL)

Timothy Donnell Green v. State of Florida

Appellant, Timothy Donnell Green, who was convicted of aggravated battery with great bodily harm and with a weapon, two counts of false imprisonment, sexual battery with a firearm, and burglary of a dwelling with assault or battery, appeals his convictions and sentences and raises three issues, only one of which merits discussion. We agree with Appellant that the trial court erred by denying his m... More...   $0 (05-29-2014 - FL)

United States of America v. Lionell Sanders

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Manuel Orosa, Chief, City of Miami Police Department, announce that Lionell Sanders, 19, of Miami, was sentenced by U.S. District Judge K. Michael Moore to fifty-six years and four months in prison, after p... More...   $0 (05-09-2014 - FL)

Gerard P. Francios v. The State of Florida

Gerard P. Francois (“the defendant”) appeals his convictions for aggravated battery and misdemeanor battery based on the trial court’s denial of his ore tenus motions for a continuance and for substitution of private counsel for his courtappointed counsel after the jury had been selected and sworn, and he also asks us to find ineffective assistance of his court-appointed counsel on the face ... More...   $0 (04-16-2014 - FL)

State of Florida v. Jesus L. Noa

The State of Florida charged Jesus L. Noa with:

1. 7840211A AGGRAVATED ASSAULT WITH DEADLY WEAPON 7840211A THIRD DEGREE FELONY 12/31/2011

2. 784031 BATTERY 784031 FIRST DEGREE MISDEMEANOR 12/31/2011

3. 843.02 OBSTRUCTING OR OPPOSING AN OFFICER WITHOUT VIO ... More...
   $0 (05-31-2012 - FL)

Alexander J. Michaels v. James Loftus

Although counsel for neither party distinguished himself by his conduct in this otherwise quite ordinary probation violation hearing, the law by which we are bound affords us the right and obligation to focus on the two offenses for which Alexander J. Michaels was found in direct criminal contempt by the trial court and sentenced to two days in the county jail. One offense was a hand gesture direc... More...   $0 (04-02-2014 - FL)

Francisco and Sonia Pages v. Julio Rafael Seliman-Tapia

Francisco and Sonia Pages (“Dr. and Mrs. Pages”) appeal two lower court orders: (1) an order denying their exceptions to, and adopting, the general magistrate’s Report and Recommendation; and (2) a final order dismissing their amended complaint with prejudice and entering final judgment in favor of Julio Rafael Seliman-Tapia (“Tapia”). For the reasons that follow, we affirm.

On De... More...
   $0 (03-12-2014 - FL)

Patrick Wells Knight v. Michael G. Merhige

These appeals arise from a tragic event—Michael and Carole Merhige’s 35-year-old son, Paul, shot and killed family members at a Thanksgiving gathering in Jupiter, Florida. Following the shooting, representatives of the victims’ estates sued the Merhiges, collectively alleging negligence.1 The circuit court dismissed the complaints for failure to state a cause of action. We affirm the ruling ... More...   $0 (02-19-2014 - FL)

DUVAL COUNTY SCHOOL BOARD ("SCHOOL BOARD"), v. SHELBY BUCHANAN, BY AND THROUGH HER NATURAL PARENT AND GUARDIAN, BEVERLY COX

In this appeal, the Duval County School Board raises two issues: (1) whether the trial court erred by excluding testimony of a third party that a racial slur may have prompted the physical beating of student/plaintiff Shelby Buchanan by Kiara Terry, despite neither student—nor any administrator, teacher, or other student present before or at the time of the beating–having heard a slur; and (2)... More...   $0 (02-07-2014 - FL)

M.G. v. St. Lucie County School Board

M.G., as guardian for her minor daughter, A.B., appeals the district court’s denial of her motions (1) for reconsideration of the district court’s dismissal with prejudice of her complaint and (2) for leave to amend her complaint. No reversible error has been shown; we affirm.

M.G. filed a civil suit against the St. Lucie County School Board and various School Board employees (“Defend... More...
   $0 (02-04-2014 - FL)

John Doe v. Douglas W. Myers and Florida Baptist Convention

John Doe, age 21, sued Douglas W. Myers, age 64, and Florida Baptist Convention on assault and batter theories, negligence and respondeat superior theories claiming that he was sexually assaulted by Myers when he was acting as an agent for the Convention's "church planting" efforts in the mid-2000s.... More...   $12500000 (01-20-2014 - FL)

Ivana Vidovic Mlinar v. United Parcel Service, Inc.

Appellant h a s moved for rehearing, rehearing e n banc, and certification of conflict. We deny the motion for rehearing and rehearing en banc, but grant the motion for certification of conflict. We withdraw our prior opinion and substitute the following opinion in its place. Ivana Vidovic Mlinar appeals a final order dismissing all of her claims against UPS o n th e ground that the claims were pr... More...   $0 (12-04-2013 - FL)

John Doe v. Department of Children & Families

The father of a child sexually assaulted while in foster care sued the Florida Department of Children & Families, Camelot Community Care, Camelot Community Care and Girls and Boys Town of South Florida on negligence theories claiming that the defendants failed to protect his child another child with a history to violence and sexually aggressive behavior. Plaintiff claimed that he warned the defend... More...   $100000 (10-26-2013 - FL)

Jane Doe v. Louis Augustin

Jane Doe sued Louis Augustin, age 33, and Silva Bank, Inc. on a respondeat superior and civil sexual assault and battery theories claiming that his penis came into contact with her while he was creating a tattoo on her back and that the ejaculated on her in 2010.

Augustin pleaded guilty to sexual battery.... More...
   $500000 (09-22-2013 - FL)

State of Florida v. Randal DEan Ratledge

State of Florida charged Randal Ratledge, age 56, with six courts of aggravated assault in conjunction with an incident in which he shot a gun in the direction of neighbors and friends near his home.

_______________________________

784.021 Aggravated assault.—

(1) An “aggravated assault” is an assault:

(a) With a deadly weapon without intent to kill;... More...
   $0 (08-23-2013 - FL)

Shahla M. Rabie Cortez v. Palace Resorts, Inc.

The underlying question in this case is whether the forum non conveniens doctrine was erroneously applied to force a United States citizen to litigate her negligence action in Mexico, when her lawsuit was filed against a corporation with its primary place of business in Florida and where the allegations of the complaint relate to an incident that took place in Mexico but center on conduct occurrin... More...   $0 (06-20-2013 - FL)

Darois Jamine Polite v. State of Florida

Darius Polite petitions this Court to review the decision of the Fifth District Court of Appeal in Polite v. State, 41 So. 3d 935 (Fla. 5th DCA 2010), which expressly and directly conflicts with decisions of the Second and Fourth District Courts of Appeal regarding the requirements for the admission of a record or memorandum of past recollection recorded under section 90.803(5), Florida Statutes (... More...   $0 (06-06-2013 - FL)

William Van Poyck v. State of Florida

William Van Poyck, a prisoner under sentence of death and under an active death warrant, appeals from an order dismissing his third successive motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.851 and

- 2 -

summarily denying his motion to vacate his sentence of death or, in the alternative, motion for an evidentiary hearing. Van Poyck also petition... More...
   $0 (06-06-2013 - FL)

State of Florida v. Willie Barney

The State of Florida charged Willie Barney with attempted first degree murder and robbery for shooting an off-duty Miami-Dade County Police detective, Wislyn Joseph.

Title XLVI Florida Statutes 782.04 provides:

(1)(a) The unlawful killing of a human being:
1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;
2. ... More...
   $0 (05-24-2013 - FL)

Alberto Cartagena v. State of Florida

Based upon a DNA match in 2008, the state prosecuted appellant for an armed sexual battery and armed burglary which occurred in 1996. The statute of limitations barred the burglary conviction, but appellant was convicted of armed sexual battery. Appellant claims that the trial court erred in refusing to allow him to waive his statute of limitations defense as to the lesser-included offenses for ar... More...   $0 (05-08-2013 - FL)

Gary Morgan Stanley v. State of Florida

A jury convicted Gary Stanley of several lewd and lascivious crimes and of kidnapping. Of the several issues Stanley raises on appeal, we affirm on all but one— his claim that the evidence was insufficient to support his kidnapping conviction. We

-2-

reverse that conviction and the sentence imposed. We remand to the circuit court with instructions to enter a conviction on the lesse... More...
   $0 (05-08-2013 - FL)

Allen Benjamin v. State of Florida

Appellant appeals his convictions and sentences for armed burglary with assault or battery (Count I), and armed burglary (Count II), stemming from a single entry into a dwelling with multiple occupants. The State properly concedes that

2

Appellant’s conviction for Count II, armed burglary, must be vacated, as this conviction constitutes a double jeopardy violation. See Gorham v. St... More...
   $0 (05-06-2013 - FL)

James Alivie Harris v. State of Florida

James Alivie Harris (“Appellant”) appeals his convictions for felony battery and battery, arguing that they violate double jeopardy. We agree, and reverse the battery conviction.

2

The State originally charged Appellant with felony battery and domestic battery by strangulation. Count I, charging felony battery, alleged that Appellant

did unlawfully commit battery upon LESL... More...
   $0 (03-28-2013 - FL)

Marlenis Smart v. City of Miami Beach, Florida

Marlenis Smart sued City of Miami Beach, Florida on a hostile work environment theory under 42 U.S.C. 2000 (Title VII of the Civil Rights Act of 1964) claiming that she was sexually harassed at work as a fire fighter.

Defendant denied wrongdoing.

The EEOC has published the following guidelines for employers relating to sexual harassment:

1. SUBJECT: Policy Guidance on ... More...
   $0 (03-29-2013 - FL)

United States of America v. Homer Helter and James Kassel

The United States of America charged Homer Helter, age 68, and James Kassel, age 61, with illegally selling guns with a license and conspiring to deal firearms without a license. Helter owns and operated Homer Helter's Antique & Military Mall in Naples, Florida.

The Defendant claimed that they were selling guns from their personal collections and did so infrequently, which is legal withou... More...
   $0 (03-30-2013 - FL)

Daniel O. Conahan, Jr. v. State of Florida

Daniel O. Conahan, Jr., appeals an order of the circuit court denying his motion filed under Florida Rule of Criminal Procedure 3.851 and petitions this

- 2 -

Court for a writ of habeas corpus.


I. BACKGROUND For the reasons that follow, we affirm the denial of his postconviction motion and deny his habeas petition.

Conahan was convicted of the 1996 first-de... More...
   $0 (03-21-2013 - FL)

Kenneth Ched Bouie v. State of Florida

A gathering of people near th e entrance of a trailer o ccupied by Matthew Feill turned violent. Among those present were Angel Santos, the victim herein, and Kenneth Ched Bouie, the appellant. Duri ng the argument, appellant waved a large “stick” in a circle and said to Santos, “I’m a bury you.” Appellant withdrew a sword from what had appeared to be the stick and hit S antos, cutting ... More...   $0 (03-01-2013 - FL)

Abel Miranda v. State of Florida

Abel Miranda appeals his convictions and sentences for second-degree murder with a firearm and burglary with assault. He raises three issues. Because the State failed to present sufficient evidence upon which the jury could convict Miranda, the trial court reversibly erred in denying Miranda's motion for judgment of acquittal. We therefore reverse Miranda's convictions and remand for entry of a ju... More...   $0 (02-27-2013 - FL)

Oscar RAy Bolin, Jr. v. State of Florida

This case is before the Court on appeal from a judgment of conviction of first-degree murder and a sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we affirm Bolin’s conviction and sentence.

OVERVIEW

Oscar Ray Bolin, Jr., was convicted of the first-degree murder of Stephanie Collins and sentenced to death. This Court twice re... More...
   $0 (02-21-2013 - FL)

SCG Harbourwood, LLC d/b/a Harbourwood Health & Rehab Center v. Eleanor Hanyan

SCG Harbourwood LLC, d/b/a Harbourwood Health & Rehab Center, appeals the trial court's denial of its motion to compel arbitration. Harbourwood argues that its contract with Eleanor Hanyan provided for arbitration of disputes. Harbourwood contends that an arbitration opt-out provision in the contract was not agreed to by the parties at the time the contract was signed and could not later be invoke... More...   $0 (08-08-2012 - FL)

The Estate of Frances Deresh v. FS Tenant Pool III Trust

The Estate of Frances Deresh timely appeals a non-final order compelling it to arbitrate its claims against the various defendants in this wrongful death action. We affirm the order compelling arbitration but remand to the circuit court with instructions to sever the punitive damages limitation from the arbitration agreement.

The estate sued various defendants involved with a nursing home... More...
   $0 (07-11-2012 - FL)

Jane Doe v. Blake F. Sinrod

Appellant, Jane Doe, appeals the trial court’s final order of dismissal with prejudice granting appellee’s, Palm Beach County School Board (“School Board”), motion to dismiss her amended complaint. We hold that the trial court did not err in dismissing with prejudice Doe’s claims against the School Board because she failed to comply with the time limitations placed on her asserted claims... More...   $0 (05-30-2012 - FL)

Jose and Anais Suarez v. Benihana National of Florida Corp.

This is an appeal from an order of the trial court dismissing with prejudice Appellants’ second amended complaint, based upon a finding that Appellants perpetrated a fraud upon the court. For the following reasons, we reverse. Appellants, Jose Suarez and Anais Suarez, filed a complaint (subsequently amended twice) against Benihana National of Florida Corporation (“Benihana”) seeking damages ... More...   $0 (05-09-2012 - FL)

Andrew S. Taplin v. Martin W. Taplin

This is an appeal by a trust beneficiary from an order and final judgment dismissing his second amended complaint, which sought an accounting, breach of trust, removal of trustees, and surcharge, with prejudice, on the ground the claims are time-barred as a matter of law on the face of the complaint. We reverse the order and final judgment and remand for reinstatement of the second amended complai... More...   $0 (05-09-2012 - FL)

Mitchell I. Kotroser v. Robert Hurt

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Hurt v. Kitroser, 50 So. 3d 62 (Fla. 4th DCA 2010). The district court ruled upon the following question, which it certified to be of great public importance:

WHERE AN INDIVIDUAL, NON-RESIDENT DEFENDANT COMMITS NEGLIGENT ACTS IN FLORIDA ON BEHALF OF HIS CORPORATE EMPLOYER, DOES THE CORPORATE S... More...
   $0 (03-22-2012 - FL)

Sunshine State Insurance Company v. Christopher Jones

This declaratory judgment action pits Sunshine State Insurance Co., the issuer of a homeowner’s policy, against Geico General Insurance Co., the issuer of an automobile insurance policy. Their dispute involves which one is liable for indemnity and defense of claims against a person they both insured. That person, a passenger in a car, grabbed the steering wheel. When the driver tried to get her ... More...   $0 (01-18-2012 - FL)

 
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