KURT NEWMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1979-06-12
No. 78-1664
Before HENDRY, HUBBART and KE-HOE, JJ.
371 So. 2d 718 Florida District Court of Appeal, Third District (1979) Negative Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. On consideration of the briefs, record and argument of counsel, we find no reversible error. Yost v. State, 243 So. 2d 469 (Fla.3d DCA 1971); De la Cova v. State, 355 So. 2d 1227 (Fla.3d DCA 1978); Williams v. State, 353 So. 2d 588 (Fla.3d DCA 1977); Mack v. State, 346 So. 2d 1229 (Fla.3d DCA 1977); Jefferson v. State, 298 So. 2d 465 (Fla.3d DCA 1974).

Accordingly, the conviction is affirmed.


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  • Nazareth v. Herndon Ambulance Serv., Inc., 467 So. 2d 1076 (Fla. 5th DCA 1985)
    …FRANK D. UPCHURCH, Jr., J., concurs. COBB, C.J., concurs in part and dissents in part, with opinion. . Holl v. Talcott, 191 So. 2d 40 (Fla.1966); O'Connell v. Walt Disney World Company, 413 So. 2d 444 (Fla. 5th DCA 1982). . See Smith v. Reeder, 371 So. 2d 718 (Fla. 3rd DCA 1979); Gallichio v. Corporate Group Service, Inc., 227 So. 2d 519 (Fla. 3rd DCA 1969). .Nazareth’s complaint consists of 44 numbered paragraphs separated by underlined headings in caps. It is not divided into different counts and, the…
  • Williams v. BAY Hosp., Inc., 471 So. 2d 626 (Fla. 1st DCA 1985)
    …complaint to reliance on Section 46.021, Florida Statutes, is not fatal, since appellant is entitled to amend as necessary to clarify the basis for the action. Heinlein v. Metropolitan Dade County, 216 So. 2d 473 (Fla. 3d DCA 1968); Smith v. Reeder, 371 So. 2d 718 (Fla. 3d DCA 1979). Appellee, on the other hand, insists that appellant’s complaint is essentially an action for wrongful death, since the complaint seeks damages for the loss of a “chance to survive,” or live longer, which are allegations of “deat…
  • Boucher v. First Cmty. Bank OF Orange City, 626 So. 2d 979 (Fla. 5th DCA 1993)
    …CA 1983). Lack of clarity of a complaint is not a basis for summary judgment where the facts before the trial court are not sufficiently settled and crystallized so that it can be said that plaintiff does not have a cause of action. Smith v. Reeder, 371 So. 2d 718 (Fla. 3d DCA 1979); accord, Nazareth v. Herndon Ambulance Service, Inc., 467 So. 2d 1076, 1077, n. 2 (Fla. 5th DCA), rev. denied, 478 So. 2d 53 (Fla.1985). We believe that there remain outstanding the issues of whether Pathfinder committed wrongful…

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