JOSEPH BRAYTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Chapman v. Pinellas Cnty., 423 So. 2d 578 (Fla. 2d DCA 1982)
  …and until they are overruled by the supreme court. Therefore, a trial court in this district is obliged to follow the precedents of other district courts of appeal absent a controlling precedent of this court or the supreme court. Dillon v. Chapman, 404 So. 2d 354 (Fla. 5th DCA 1981), rev’d on other grounds, 415 So. 2d 12 (Fla.1982); State v. Hayes, 333 So. 2d 51 (Fla. 4th DCA 1976). But see Smith v. Venus Condominium Ass’n, 343 So. 2d 1284 (Fla. 1st DCA 1976), vacated on other grounds, 352 So. 2d 1169 (Fla.1…
• Chapman v. Dillon, 415 So. 2d 12 (Fla. 1982)
  …e us to review a decision of the district court of appeal that declared invalid certain provisions of the Florida Automobile Reparations Reform Act (the “no fault” insurance law), sections 627.730-627.741, Florida Statutes (1979). Dillon v. Chapman, 404 So. 2d 354 (Fla. 5th DCA 1981). Pursuant to article V, section 3(b)(1) of the Florida Constitution, we have jurisdiction. Dennis Dillon, a minor, and his parents, sued Frederick Chapman and Liberty Mutual Insurance Company for damages, including pain and suff…
• Burkett v. Don L. Parker and wife, 410 So. 2d 947 (Fla. 1st DCA 1982)
  …within the “permanent injury” requirement of the statute, Section 627.737(2), precluding summary judgment. See Johnson v. Phillips, 345 So. 2d 1116 (Fla. 2nd DCA 1977). Although Section 627.737 has been held unconstitutional in Dillon v. Chapman, 404 So. 2d 354 (Fla. 5th DCA 1981), the constitutional issue was not raised in the trial court. Therefore, the statute is still applicable in this case, unless and until the ruling in Dillon v. Chapman, supra, is affirmed by the Florida Supreme Court. REVERSED.…

Authorities Cited

• Tascano v. State, 393 So. 2d 540 (Fla. 1980)