KENNETH P. SCHELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1980-02-05
No. 78-579
Before HENDRY, HUBBART and NES-BITT, JJ.
379 So. 2d 444 Florida District Court of Appeal, Third District (1980) Negative Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

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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    …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…
  • 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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