STATE OF FLORIDA, APPELLANT,
v.
ROBERT ALYN HITCHCOCK, APPELLEE
STATE OF FLORIDA, APPELLANT,
ROBERT ALYN HITCHCOCK, APPELLEE
435 So. 2d 364
Florida District Court of Appeal, Fourth District (1983)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court ruled that the provisions of section 790.01(2), Florida Statutes (1980) were unconstitutionally vague and uncertain:
It’ll be the finding of this Court that carrying a concealed firearm on or about his person, that the on his person is relatively clear but that the about leaves a great deal to be defined and it’s not defined and, therefore, is vague and constitutionally unacceptable.
We reverse and remand for further proceedings on the authority of Ensor v. State, 403 So. 2d 349 (Fla.1981).
ANSTEAD, C.J., HURLEY, J., and WES-SEL, JOHN D., Associate Judge, concur.
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Bryan v. State, 438 So. 2d 415 (Fla. 1st DCA 1983)…Stadium, Inc. v. State ex rel. Powell, 262 So. 2d 881, 883 (Fla.1972); Florida Coast Bank of Broward County v. Monarch Dodge, Inc., 430 So. 2d 607, 609 (Fla. 4th DCA 1983); and East Caribbean Development & Investment Corp. v. K-K Auto Service, Inc., 435 So. 2d 364 (Fla. 4th DCA 1983). The decedent was an 18-year-old student at F.S.U. where he had been residing in Smith Hall, a campus dormitory, for more than a month prior to his death. On the day of the accident, decedent and a fellow resident of Smith Hall,…
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Liberty Surplus Ins. Corp., Inc. v. First Indem. Ins. Servs., Inc., 31 So. 3d 852 (Fla. 4th DCA 2010)…ing fraud, Lyle holds that an agent is liable for its own intentional fraudulent acts. Accord Feingold, 693 N.E. 2d at 672. Liberty stated a cause of action for fraudulent misrepresentation. See E. Caribbean Dev. & Inv. Corp. v. K-K Auto Sen., Inc., 435 So. 2d 364 (Fla. 4th DCA 1983). We agree, however, that the complaint did not state causes of action for common law indemnity because Liberty was obligated to pay based upon a contractual liability not a vicarious liability for the acts of First Indemnity. See…
Authorities Cited
- Elton E. Ensor v. State, 403 So. 2d 349 (Fla. 1981)