KENNETH P. SCHELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
KENNETH P. SCHELL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
379 So. 2d 444
Florida District Court of Appeal, Third District (1980)
Negative Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
The sentence under review, which was imposed upon revocation of probation, is affirmed except insofar as it fails to give the defendant credit for time served on the original split sentence probation order. The cause is, accordingly, remanded to the trial court with directions to modify the sentence under review by giving the defendant credit for time served on the original split sentence probation order. State v. Jones, 327 So. 2d 18, 25 (Fla.1976).
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Stevens v. Jefferson, 436 So. 2d 33 (Fla. 1983)…k of harm must be foreseeable. This foreseeability requirement has often been met by proving that the proprietor'knew or should have known of the dangerous propensities of a particular patron. See, e.g., Sabatelli v. Omni International Hotels, Inc., 379 So. 2d 444 (Fla. 3d DCA 1980). But specific knowledge of a dangerous individual is not the exclusive method of proving foreseeability. It can be shown by proving that a proprietor knew or should have known of a dangerous condition on his premises that was like…
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Agustin Fernandez v. Miami Jai-Alai, Inc., 386 So. 2d 4 (Fla. 3d DCA 1980)…n dismissed. Among the duties owed by the defendants to Fernandez, a business invitee, is the duty to guard against subjecting such invitee to dangers which the defendants might have reasonably foreseen. Sabatelli v. Omni International Hotels, Inc., 379 So. 2d 444 (Fla. 3d DCA 1980); Rotbart v. Jordan Marsh Company, 305 So. 2d 255 (Fla. 3d DCA 1974); Sparks v. Ober, 192 So. 2d 81 (Fla. 3d DCA 1966). Included among those dangers is a criminal assault by a third party. Holley v. Mt. Zion Terrace Apartments, Inc…
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Hendry v. Zelaya, 841 So. 2d 572 (Fla. 3d DCA 2003)…resulting injuries. Id. at 761. The proprietor of a bar is bound to use every reasonable effort to maintain order among the patrons. Holiday Inns, Inc. v. Shelburne, 576 So. 2d 322, 325 (Fla. 4th DCA 1991); Sabatelli v. Omni Internat’l Hotels, Inc., 379 So. 2d 444, 445 (Fla. 3d DCA 1980). There was evidence to support the jury’s verdict that due to the inadequate security, it was foreseeable that rowdy patrons would injure other patrons. Hendry testified that the Memorial Day weekend created severe crowd con…
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- State v. Jones, 327 So. 2d 18 (Fla. 1976)