MORRIS RAPPS, AS GUARDIAN OF JOSEPH FADER, INCOMPETENT, APPELLANT,

v.

MARIO DIAZ CRUZ AND CARMEN DIAZ CRUZ, APPELLEES

Citator

Cited By

• McGEE v. State, 435 So. 2d 854 (Fla. 1st DCA 1983)
  …Parker v. State, 408 So. 2d at 1038. We are of the view that our decision is not at variance with Fouts v. State, Parker v. State, or Hall v. State, supra. Further, we see no need for further consideration of alleged conflict with Dupree v. State, 416 So. 2d 1228 (Fla. 1st DCA 1982), which we specifically discussed in our original opinion. Much of the discussion of the Dupree case and other matters in the motion is simply reargument. We adhere to our original decision and opinion, as above amplified, and af…

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• Sanchez v. State, 89 So. 3d 912 (Fla. 2d DCA 2012)
  …police had lawful custody of the escapee. The prior statute also did not contain the “or is entitled to” lawful custody wording. We recognize that an officer serving an arrest warrant is “entitled to” lawful custody of the arrestee. Dupree v. State, 416 So. 2d 1228, 1230 (Fla. 1st DCA 1982). To prove the “knowing” element of the crime, the State had to demonstrate both that Sanchez knew the police were attempting to serve an arrest warrant and that he knew Garcia was attempting an escape. Cf. King, 28 So. at…

Authorities Cited

• Steen v. Scott, 144 Fla. 702 (Fla. 1940)
• Gill v. Livingston, 158 Fla. 577 (Fla. 1947)
• Lipkin v. Bonita Garden Apts., Inc., 122 So. 2d 623 (Fla. 3d DCA 1960)
• Arvanetes v. Gilbert, 143 So. 2d 825 (Fla. 3d DCA 1962)
• Taylor v. Rosman, 312 So. 2d 239 (Fla. 3d DCA 1975)