STATE OF FLORIDA, APPELLANT,
v.
GARY WADE BRAGG, APPELLEE
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PER CURIAM.
This is an appeal from an order granting a motion to suppress any reference at trial to a live lineup conducted before trial. The ruling was apparently based solely on the finding that through the fault of the state appellee’s counsel was not present at the lineup which was conducted the day following appellee’s arrest for burglary. The lineup took place prior to the appellee’s appearance before any judicial officer and prior to the filing of a formal charging document. Under such circumstances we do not believe the appellee had a right to counsel at the lineup. Robinson v. State, 351 So. 2d 1101 (Fla. 3d DCA 1977); State v. Ciongoli, 313 So. 2d 41 (Fla. 4th DCA 1975). Accordingly, the order of suppression is reversed.
ANSTEAD and DAUKSCH, JJ., and SCHOONOVER, JACK R., Associate Judge, concur.
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McHANEY v. State, 513 So. 2d 252 (Fla. 2d DCA 1987)…est, the resulting identification should have been suppressed. We disagree. The lineup was held eight hours after his arrest but prior to any formal charges being filed, and prior to his first appearance before a judicial officer. In State v. Bragg, 371 So. 2d 1080 (Fla. 4th DCA 1979), on similar facts, the court held that because the lineup took place prior to the defendant’s appearance before a judicial officer, and prior to the filing of a formal charging document, the defendant did not have a right to coun…
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State Farm Mut. Auto. Ins. Co. v. Hartzog, 917 So. 2d 363 (Fla. 1st DCA 2005)…of the agreement, is a key factor in determining beneficial ownership of a vehicle, regardless of whether legal title remains in the seller’s name. See Cooney v. Jacksonville Transp. Auth., 530 So. 2d 421, 422 (Fla. 1st DCA 1988); McCall v. Garland, 371 So. 2d 1080, 1082 (Fla. 4th DCA 1979); see also Register, 126 So. 2d at 291-92. The mere fact that the seller retains title until after the full purchase price is paid is not enough to prove that the seller and purchaser did not intend to transfer beneficial ow…
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Hines v. Keen, 389 So. 2d 701 (Fla. 1st DCA 1980)…v. Keen, 349 So. 2d 175 (Fla. 1st DCA 1977); Register v. Redding, 126 So. 2d 289 (Fla. 1st DCA 1961). Also the retention of legal title to secure payment does not preclude a determination that beneficial ownership was transferred. McCall v. Garland, 371 So. 2d 1080 (Fla. 4th DCA 1979). We conclude, however, that the trial court erred in relying on the latter principle to support summary judgment in this case. The pleadings and facts in evidence appear to us to be contradictory and susceptible of conflicting co…
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- State v. Ciongoli, 313 So. 2d 41 (Fla. 4th DCA 1975)
- Jacalyn Brown v. State Farm Mut. Auto. Ins. Co., 351 So. 2d 1101 (Fla. 3d DCA 1977)
- Hampton v. State, 351 So. 2d 1101 (Fla. 4th DCA 1977)