RAYMOND A. POLLOCK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Grand Larceny cases and more on FLexlaw
PER CURIAM.
The order revoking probation and imposing sentence in this cause is affirmed save for the five (5) year terms of imprisonment imposed for grand larceny and unlawful possession of burglary tools in circuit court case no. 77-27207. The latter sentences are reversed as it is undisputed that the appellant Raymond A. Pollock was never placed on probation for these offenses. Harris v. State, 378 So. 2d 37 (Fla. 3d DCA 1979). The evidence presented below was otherwise more than sufficient to satisfy the conscience of the court that the defendant was in violation of his probation as charged; both direct and hearsay testimony, conced-edly admissible here, were presented below and both formed the basis for the revocation in this case. Brill v. State, 159 Fla. 682, 32 So. 2d 607 (1947).
The order revoking probation and the sentences imposed thereon are affirmed, save for the five (5) year terms of imprisonment imposed for grand larceny and unlawful possession of burglary tools in circuit court case no. 77-27207, which sentence is hereby reversed.
Affirmed in part; reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Pope v. Winter Park Healthcare Grp., Ltd., 939 So. 2d 185 (Fla. 5th DCA 2006)…able for injuries caused by an independent contractor’s negligence, there are exceptions recognized in the law of tort. See Carrasquillo v. Holiday Carpet Serv., Inc., 615 So. 2d 862, 863 (Fla. 3d DCA 1993); Fisherman’s Paradise, Inc. v. Greenfield, 417 So. 2d 306, 307 (Fla. 3d DCA 1982). In fact, the Third District has referred to the rule of non-liability of independent contractors as the “riddled rule” because it is “riddled with exceptions.” See Gordon v. Sanders, 692 So. 2d 939, 941, (Fla. 4th DCA 1997);…
-
Windham v. Fla. Dep't of Transp., 476 So. 2d 735 (Fla. 1st DCA 1985)…peration of dangerous instrumentalities by an independent contractor. See, Florida Power and Light Co. v. Price, 170 So. 2d 293 (Fla.1964); Padilla v. Gulf Power Company, 401 So. 2d 1375 (Fla. 1st DCA 1981); Fisherman’s Paradise, Inc. v. Greenfield, 417 So. 2d 306 (Fla. 3rd DCA 1982); Hill v. Walker's Cay Air Terminal, Inc., 405 So. 2d 198 (Fla. 4th DCA 1981), pet. for rev. den., 412 So. 2d 471 (Fla.1982). As discussed elsewhere in this opinion, liability predicated upon these theories is unavailing in view o…
-
City OF Coral Gables v. Prats, 502 So. 2d 969 (Fla. 3d DCA 1987)…ement with DOT and that its liability stems from that agreement. We agree with appellees. Although it is well-settled that an employer may not be held liable for the negligence of an independent contractor, Fisherman’s Paradise, Inc. v. Greenfield, 417 So. 2d 306 (Fla. 3d DCA 1982); Webb v. Priest, 413 So. 2d 43, 47 n. 2 (Fla. 3d DCA 1982); Smith v. United States, 497 F. 2d 500 (5th Cir.1974), the general rule is riddled with numerous exceptions, see generally W. Prosser & W. Keeton, Torts § 71 (5th ed. 1984…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brill v. State, 159 Fla. 682 (Fla. 1947)
- Gonzalez v. State, 159 Fla. 681 (Fla. 1947)
- Sammie Lee Harris v. State, 378 So. 2d 37 (Fla. 3d DCA 1979)