UNITED SERVICES AUTOMOBILE ASSOCIATION, A FOREIGN CORPORATION, AND RICHARD ALLEN SCHULTZ, INDIVIDUALLY, APPELLANTS,
v.
VINCENT R. STOWELL, FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, A FOREIGN CORPORATION, AND DOROTHY MORRELL, INDIVIDUALLY, APPELLEES
UNITED SERVICES AUTOMOBILE ASSOCIATION, A FOREIGN CORPORATION, AND RICHARD ALLEN SCHULTZ, INDIVIDUALLY, APPELLANTS,
VINCENT R. STOWELL, FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, A FOREIGN CORPORATION, AND DOROTHY MORRELL, INDIVIDUALLY, APPELLEES
398 So. 2d 998
Florida District Court of Appeal, Fifth District (1981)
Negative Treatment
Cited by 28 cases
Opinion of the Court
COWART, Judge.
We affirm the trial court’s judgment holding that appellee Dorothy Morrell, as owner of a motor vehicle, was not liable for injuries suffered by appellee Vincent R. Stowell from the operation of the vehicle by appellant Richard Allen Schultz who was using it with the permission of one Henry Ratajczak, a repairman to whom it had been entrusted for repairs by Lawrence Morrell, son of the owner, appellee Dorothy Morrell. See Castillo v. Bickley, 363 So. 2d 792 (Fla.1978).
AFFIRMED.
COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
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Bryon Gordon v. State, 780 So. 2d 17 (Fla. 2001)…micide did not occur as a result of Gordon’s criminal actions. In a similar argument, Gordon highlights the principle that convictions for both premeditated murder and felony murder are impermissible when only one death occurred. See Goss v. State, 398 So. 2d 998, 999 (Fla. 5th DCA 1981). We have held repeatedly that section 775.021 did not abrogate our previous pronouncements concerning punishments for singular homicides. See Goodwin v. State, 634 So. 2d at 157-58 (Grimes, J. concurring) (“I believe that th…
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Houser v. State, 474 So. 2d 1193 (Fla. 1985)…nder two or more statutes, it cannot be assumed that it ordinarily intends to do so. [*1197] Florida courts have repeatedly recognized that the legislature did not intend to punish a single homicide under two different statutes. Vela; Goss v. State, 398 So. 2d 998 (Fla. 5th DCA 1981) (premeditated and felony murder); Muszynski v. State, 392 So. 2d 63 (Fla. 5th DCA 1981) (first-degree felony murder and second-degree murder). The principle has been applied in the case of dual charges of DWI manslaughter and man…
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Kurtz v. State, 564 So. 2d 519 (Fla. 2d DCA 1990)…State, 371 So. 2d 161 (Fla. 2d DCA 1979), aff’d, 386 So. 2d 549 (Fla. 1980); Miller v. State, 339 So. 2d 1129 (Fla. 2d DCA 1976); Phillips v. State, 289 So. 2d 769 (Fla. 2d DCA 1974); Vela v. State, 450 So. 2d 305 (Fla. 5th DCA 1984); Goss v. State, 398 So. 2d 998 (Fla. 5th DCA 1981); Muszynski v. State, 392 So. 2d 63 (Fla. 5th DCA 1981); Thomas v. State, 380 So. 2d 1299 (Fla. 4th DCA), review denied, 389 So. 2d 1116 (Fla.1980); Stridden v. State, 332 So. 2d 119 (Fla. 1st DCA 1976).…
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- Castillo v. Bickley, 363 So. 2d 792 (Fla. 1978)