E. H. K., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
E. K. appeals from an adjudication of delinquency based upon a finding that he was guilty of burglary of an auto and petty theft.
Appellant challenges the sufficiency of the evidence to sustain the adjudication. We find the point well taken and reverse. The requisite elements to establish an adjudication for aiding and abetting are not present. Perez v. State, 390 So. 2d 85 (Fla. 3d DCA 1980); J. O. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980); Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980); Lockett v. State, 262 So. 2d 253 (Fla. 4th DCA 1972); Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968); J. L. B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981); J. H. v. State, 370 So. 2d 1219 (Fla. 3d DCA 1979); S. S. v. State, 405 So. 2d 247 (Fla. 3d DCA 1981).
Reversed and remanded with directions to discharge the defendant.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hans Ulrich Bothmann v. Harrington, 458 So. 2d 1163 (Fla. 3d DCA 1984)…precluded from defending in the action. Hull & Co. v. McGetrick, 414 So. 2d 243 (Fla. 3d DCA 1982) and cases cited therein. In the present case, the alignment of the parties is similar to that which existed in Seaboard Coast Line Railroad v. Lantz, 405 So. 2d 495 (Fla. 3d DCA 1981). In that case, the third-party indemnity action was being appealed while a trial on damages in the main action was proceeding below. This court held that the third-party defendants, if not precluded from defending, would be bound…
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Costa Bella Dev. Corp. v. Costa Dev. Corp., 445 So. 2d 1090 (Fla. 3d DCA 1984)…cation of appellees’ counterclaim while an appeal was pending did not [*1091] interfere with this court’s authority to decide the pending appeal since different issues were involved in the respective cases, Seaboard Coast Line Railroad Co. v. Lantz, 405 So. 2d 495 (Fla. 3d DCA 1981); FMS Management Systems, Inc. v. IDS Mortgage Corp., 402 So. 2d 474 (Fla. 4th DCA 1981), (5) appellant’s assertion that the summary judgment is too broad is wholly without merit since the trial court’s order clearly states that it…
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Finst Dev., Inc. v. Bemaor, 449 So. 2d 290 (Fla. 3d DCA 1983)…ject matter of the appeal, and thus impinge upon the appellate court’s power and authority to decide the issues presented to it by the appeal....” Bailey v. Bailey, 392 So. 2d 49, 52 (Fla. 3d DCA 1981). Cf. Seaboard Coast Line Railroad Co. v. Lantz, 405 So. 2d 495 (Fla. 3d DCA 1981). Since the act of taxing attorneys’ fees and costs does not affect or interfere with the subject matter of the appeal, Dade County v. Davidson, 418 So. 2d 1231 (Fla. 3d DCA 1982); Ruby Mountain Construction & Development Corp. v.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnnell Lockett v. State, 262 So. 2d 253 (Fla. 4th DCA 1972)
- Ira Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968)
- J. H. v. State, 370 So. 2d 1219 (Fla. 3d DCA 1979)
- Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980)
- J. L. B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981)
- J. O. and R. G. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980)
- Perez v. State, 390 So. 2d 85 (Fla. 3d DCA 1980)
- S.S. v. State, 405 So. 2d 247 (Fla. 3d DCA 1981)