TOLE ELECTRIC OF FLORIDA, A FLORIDA CORPORATION, APPELLANT,

v.

MEL HARRIS AND FRANCINE HARRIS, HIS WIFE, AND LAKESIDE VILLAS AT BONAVENTURE, INC., A FLORIDA CORPORATION, APPELLEE

Citator

Cited By

• State v. Rogel Vixamar, 687 So. 2d 300 (Fla. 4th DCA 1997)
  …t should have imposed a sanction less severe than dismissal, relying on State v. Bouma, 554 So. 2d 641 (Fla. 4th DCA 1989), State v. Bryant, 549 So. 2d 1155 (Fla. 3d DCA 1989), State v. Rojas, 508 So. 2d 449 (Fla. 3d DCA 1987), and State v. Jackson, 436 So. 2d 985 (Fla. 3d DCA 1983). Its argument is, essentially, that the judge should have afforded the state a continuance to produce the witness and the ASA assigned to prosecute the case. I find these eases distinguishable. In Bouma, the trial court dismissed…
• State v. Cecil, 533 So. 2d 884 (Fla. 3d DCA 1988)
  …... ” At the outset, defendant/appellee now concedes that the exclusion of the victim's testimony under the circumstances here constitutes a departure from the essential requirements of law. Obviously we concur, because we said in State v. Jackson, 436 So. 2d 985, 986 (Fla. 3d DCA 1983): “It is not the responsibility of the state to produce a witness subpoenaed by a defendant for discovery purposes; to order the state to do so, or to dismiss a criminal case for failure of the state to do so, constitutes a d…
• State v. Gonzalez, 695 So. 2d 1290 (Fla. 4th DCA 1997)
  …that she had no interest in pursuing the case. It is well settled that it is not the state’s responsibility to produce a witness subpoenaed by a defendant for discovery purposes. State v. Cecil, 533 So. 2d 884 (Fla. 3d DCA 1988); State v. Jackson, 436 So. 2d 985, 986 (Fla. 3d DCA 1983); State v. Banks, 349 So. 2d 736 (Fla. 3d DCA 1977); State v. Roig, 305 So. 2d 836 (Fla. 3d DCA 1974). In Knight v. State, 373 So. 2d 52, 53 (Fla. 4th DCA 1979), cert. denied, 385 So. 2d 761 (Fla.1980), this court rejected the…