DARRYL BROWN, BY AND THROUGH HIS FATHER AND NEXT FRIEND, PERCY BROWN, AND PERCY BROWN, INDIVIDUALLY, APPELLANTS,

v.

PUBLIC HEALTH TRUST OF DADE COUNTY, D/B/A JACKSON MEMORIAL HOSPITAL, APPELLEE

Citator

Cited By

• Tumulty v. State, 489 So. 2d 150 (Fla. 4th DCA 1986)
  …egoing rule required that she be furnished the addresses; that the personal safety exception to the rule was to be narrowly applied, relying on State v. Hassberger, 350 So. 2d 1 (Fla.1977). We find that the cases relied on by Tumulty, Pena v. State, 432 So. 2d 715 (Fla. 3d DCA 1983) and Garcia v. State, 379 So. 2d 441 (Fla. 3d DCA 1980), are inapposite because of our peculiar facts, i.e., appellant’s familiarity with all of the prior facts and the known identity of the witnesses. In any event, the court consi…
• Bayshore v. State, 437 So. 2d 198 (Fla. 3d DCA 1983)
  …are both available and competent.” Id. at 1288. See also Lane v. State, 352 So. 2d 1237 (Fla. 1st DCA 1977). . The same adverse inference may be shown if the defendant raises alibi as a defense and then fails to call alibi witnesses. Pena v. State, 432 So. 2d 715 (Fla. 3d DCA 1983); Jacobs v. State 389 So. 2d 1054 (Fla. 3d DCA 1980), rev. denied, 397 So. 2d 778 (Fla.1981); Daughtrey v. State, 325 So. 2d 456 (Fla. 1st DCA), cert. denied, 336 So. 2d 600 (Fla.1976); Jenkins v. State, 317 So. 2d 90 (Fla. 1st DCA…
• State v. Martin, 522 So. 2d 872 (Fla. 3d DCA 1988)
  …81); United States v. Paoli, 603 F. 2d 1029 (2d Cir.1979). See also State v. Mason, 181 Ga.App. 806, 353 S.E. 2d 915 (1987). Unfortunately, some cases have repeated the Ro-viaro dictum without the necessary cave [*874] ats, see, e.g., Pena v. State, 432 So. 2d 715 (Fla. 3d DCA 1983), and, worse, some may have reflexively applied the dictum when they should not have. Fortunately, Judge Jorgenson’s opinion for the court has avoided this pitfall.…

Authorities Cited

• Cates v. Orlando R. Graham, M.D., Ponder & Assocs. Emergency Physicians, P.A., 427 So. 2d 290 (Fla. 3d DCA 1983)