WEST AMERICAN INSURANCE COMPANY, APPELLANT,
v.
TIM J. WENGER; DIXIE INSURANCE COMPANY, A FLORIDA CORPORATION; AND ANGELA M. JACKMAN, APPELLEES
WEST AMERICAN INSURANCE COMPANY, APPELLANT,
TIM J. WENGER; DIXIE INSURANCE COMPANY, A FLORIDA CORPORATION; AND ANGELA M. JACKMAN, APPELLEES
415 So. 2d 135
Florida District Court of Appeal, Fifth District (1982)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
REVERSED on the authority of Traveler’s Insurance Company v. Furlan, 408 So. 2d 767 (Fla. 5th DCA 1982).
DAUKSCH, C. J., and COBB and FRANK D. UPCHURCH, JJ., concur.
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Linehan v. State, 476 So. 2d 1262 (Fla. 1985)…) (burglary, robbery, aggravated battery, and aggravated assault); Link v. State, 429 So. 2d 836 (Fla. 3d DCA 1983) (theft); Williams v. New England Mutual Life Insurance Co., 419 So. 2d 766 (Fla. 1st DCA 1982) (aggravated assault); Harris v. State, 415 So. 2d 135 (Fla. 5th DCA), review denied, 419 So. 2d 1198 (Fla.1982) (burglary and battery); Graham v. State, 406 So. 2d 503 (Fla. 3d DCA 1981) (robbery); Mellins v. State, 395 So. 2d 1207 (Fla. 4th DCA), review denied, 402 So. 2d 613 (Fla.1981) (battery on po…
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Frey v. State, 708 So. 2d 918 (Fla. 1998)…th DCA 1987) (kidnapping is a specific intent crime). . See Bartley v. State, 689 So. 2d 372, 373 (Fla. 1st DCA 1997) (aggravated assault is specific intent crime); Dobosh v. State, 684 So. 2d 276 (Fla. 5th DCA 1996) (same). . See Harris v. State, 415 So. 2d 135, 136 (Fla. 5th DCA 1982) (battery is a specific intent crime). . See Huber v. State, 669 So. 2d 1079, 1083 (Fla. 4th DCA 1996) (aggravated batteiy is specific intent crime). . See Urquhart v. State, 676 So. 2d 64, 66 (Fla. 1st DCA 1996) (recognizi…
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Kinney v. Dep't of State, 501 So. 2d 129 (Fla. 5th DCA 1987)…though the hearing officer submitted this last finding under the heading of “Conclusions of Law,” the question of intent as an element of a criminal charge is a question of fact. Groover v. State, 82 Fla. 427, 90 So. 473 (Fla.1921); Harris v. State, 415 So. 2d 135 (Fla. 5th DCA 1982); State v. J.T.S., 373 So. 2d 418 (Fla. 2d DCA 1979). Thus the hearing officer’s finding that the evidence was insufficient to show criminal intent was a finding of fact, not a conclusion of law. Based on these findings, the heari…
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- Travelers Ins. Co. v. Furlan, 408 So. 2d 767 (Fla. 5th DCA 1982)