CORINNE HARTMAN, APPELLANT,

v.

JOSEPH HARTMAN, APPELLEE

Citator

Cited By

• Elsleger v. State, 503 So. 2d 1367 (Fla. 4th DCA 1987)
  …derance of the evidence, but that it was unwilling to find that the state proved voluntary consent by clear and convincing evidence. Appellant contends that the clear and convincing standard is applicable in the present case, citing Jordan v. State, 384 So. 2d 277 (Fla. 4th DCA 1980); Leonard v. State, 431 So. 2d 614 (Fla. 4th DCA 1983), and Racz v. State, 486 So. 2d 3 (Fla. 4th DCA 1986). In Jordan, this court stated: A search is valid if consent thereto is freely and voluntarily given. Jackson v. State, 1…
• Restrepo v. State, 438 So. 2d 76 (Fla. 3d DCA 1983)
  …o. 2d at 1262 n. 1. “Where, considering the totality of the circumstances, the State is unable to prove voluntary consent as opposed to mere submission to apparent authority, the search will not be upheld.” Rosell, at 1262; see also Jordan v. State, 384 So. 2d 277 (Fla. 4th DCA 1980) (in examining evidence to determine consent to search, court must distinguish between submission to apparent authority of officer and unqualified consent). Where, as in this case, the Spanish-speaking defendant did not speak Eng…
• Thames v. State, 592 So. 2d 733 (Fla. 1st DCA 1992)
  …fact, it was the trial court’s prerogative to determine this question, Wade v. State, 589 So. 2d 322 (Fla. 1st DCA 1991), and the [*736] court’s resolution of such matters should not be disturbed on appeal unless clearly erroneous. Jordan v. State, 384 So. 2d 277, 279 (Fla. 4th DCA 1980). Upon application of the foregoing principles, together with the presumption of correctness due a trial court’s ruling on a motion to suppress, Medina v. State, 466 So. 2d 1046, 1049 (Fla.1985); State v. Pye, 551 So. 2d 1237…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
• Duncan v. Duncan, 356 So. 2d 28 (Fla. 1st DCA 1978)