JANET RENNA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOSEPH ANTHONY RENNA, APPELLANT,
v.
CITY OF NORTH LAUDERDALE, BROWARD COUNTY, APPELLEE
JANET RENNA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOSEPH ANTHONY RENNA, APPELLANT,
CITY OF NORTH LAUDERDALE, BROWARD COUNTY, APPELLEE
430 So. 2d 945
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
We reluctantly affirm the directed verdict appealed here. The record discloses evidence that might have supported a jury verdict for appellant; however, some of the errors complained of on appeal were never properly presented to the trial court nor were they adequately preserved for appeal. Compounding these inadequacies the more meritorious points on appeal were advanced for the first time during oral argument and are not even alluded to in appellant’s initial, and only, brief. Accordingly, we have no alternative but to affirm.
AFFIRMED.
BERANEK and HERSEY, JJ., concur. ANSTEAD, J., dissents without opinion.
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Linehan v. State, 476 So. 2d 1262 (Fla. 1985)…low the voluntary intoxication defense in cases involving specific intent crimes. See, e.g., Cirack (first-degree murder); Jenkins v. State, 58 Fla. 62, 50 So. 582 (1909) (breaking and entering with intent to commit misdemeanor); Heathcoat v. State, 430 So. 2d 945 (Fla. 2d DCA 1983) (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);…
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State v. Heathcoat, 442 So. 2d 955 (Fla. 1983)…SHAW, Judge. This cause is before the Court on petition to review Heathcoat v. State, 430 So. 2d 945 (Fla. 2d DCA 1983), in which the district court certified a question to be one of great public importance. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. The respondent, John Heathcoat, was charged with burglary,…
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Kennedy Eberhardt v. State, 550 So. 2d 102 (Fla. 1st DCA 1989)…ified in the state’s case-in-chief about one portion of Eberhardt’s statements to him, the court erred in sustaining the state’s hearsay objection for the reason that his statements he was “high” or intoxicated were self serving. Heathcoat v. State, 430 So. 2d 945 (Fla. 2d DCA), aff'd, 442 So. 2d 955 (Fla.1983). III. Defendant next contends that the trial court erred in failing to instruct the jury on his defense of voluntary intoxication as requested. Voluntary intoxication is recognized as a valid defense…1 / 2
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