JESSIE SHEPARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Kozich v. Hartford Ins. Co. OF Midwest, 609 So. 2d 147 (Fla. 4th DCA 1992)
  …cond amended complaint and that he should be granted leave to add Stuart L. Stein, P.A., as a co-defendant. Appellant did not make this specific argument below and, therefore, cannot successfully offer it for the first time on appeal. Sapp v. State, 411 So. 2d 363 (Fla. 4th DCA 1982). Accordingly, we affirm the trial court’s order denying appellant’s motion to amend his second amended complaint. We reverse the. trial court’s order granting a summary final judgment and remand this cause for further proceedings…
• Johnson v. State, 486 So. 2d 657 (Fla. 4th DCA 1986)
  …evidence of any preexisting plan to commit any felony of any kind against Ms. Jones. The state contends that appellant’s present line of argument was never presented to the trial court and is therefore not preserved for appeal. E.g., Sapp v. State, 411 So. 2d 363 (Fla. 4th DCA 1982) (One may not tender a position to the trial court on one ground and successfully offer a different basis for that position on appeal). In the instant case we do not see in the record of the trial proceedings any of the contention…
• Studnicka v. State, 679 So. 2d 819 (Fla. 3d DCA 1996)
  …ay.” § 775.15(5), Fla.Stat. (1981). The error now claimed, the reasonableness of the delay in executing the arrest warrant, was never put before the trial court. As such, that point may not be raised for the first time on appeal. See Sapp v. State, 411 So. 2d 363 (Fla. 4th DCA 1982), (citing Black v. State, 367 So. 2d 656 (Fla 3d DCA)), cert. denied, 378 So. 2d 342 (Fla.1979) (one may not tender a position to the trial court on one ground and successfully offer a different basis for that position on appeal).…

Authorities Cited

• Cuciak v. State, 410 So. 2d 916 (Fla. 1982)