KENNETH R. JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNETH R. JACKSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
401 So. 2d 1115
Florida District Court of Appeal, Fourth District (1981)
Negative Treatment
Cited by 113 cases
Opinion of the Court
PER CURIAM.
The sole issue on this appeal is the trial court’s failure to instruct the jury on the penalties for grand theft. The appellant was convicted as charged and contends he is entitled to a new trial. We are compelled to reverse and remand for a new trial in accordance with the Supreme Court’s decision in Tascano v. State, 393 So. 2d 540 (Fla.1980).
REVERSED and REMANDED.
MOORE, HERSEY and HURLEY, JJ., concur.
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Citator
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McCAIN v. Fla. Power Corp., 593 So. 2d 500 (Fla. 1992)…ely legal conclusion that no such duty existed. Then, the district court acknowledged the seemingly contradictory holding of some Florida courts “that the question of foreseeability is for the trier of fact.” Id. at 1271 (citing Crislip v. Holland, 401 So. 2d 1115 (Fla. 4th DCA), review denied, 411 So. 2d 380 (Fla.1981)) (emphasis added). Without expressly disagreeing with this precedent, the district court went on to suggest that no duty existed in the present case as a matter of law because the specific inj…
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Kaisner v. Kolb, 543 So. 2d 732 (Fla. 1989)…gnize a duty placed upon defendant either to lessen the risk or see that sufficient precautions are taken to protect others from the harm that the risk poses. See Stevens v. Jeffer [*736] son, 436 So. 2d 33, 35 (Fla.1983) (citing Crislip v. Holland, 401 So. 2d 1115, 1117 (Fla. 4th DCA), review denied sub nom. City of Fort Pierce v. Crislip, 411 So. 2d 380 (Fla.1981)). We see no reason why the same analysis should not obtain in a case in which the zone of risk is created by the police. The expert’s affidavit i…
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Stevens v. Jefferson, 436 So. 2d 33 (Fla. 1983)…fficient to establish foreseeability. Kerby v. Flamingo Club, Inc.; Tyrrell v. Quigley; Restatement (Second) of Torts § 344 comment f (1965). Although stated in a different factual context, the Fourth District Court of Appeal in Crislip v. Holland, 401 So. 2d 1115, 1117 (Fla. 4th DCA 1981), correctly summarized the law when it said: An action for negligence is predicated upon the existence of a legal duty owed by the defendant to protect the plaintiff from an unreasonable risk of harm. The extent of the defe…
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- Tascano v. State, 393 So. 2d 540 (Fla. 1980)