THE MAJOR GROUP OF WEST COAST FLORIDA, INC. AND TAM-BAY REALTY, INC., APPELLANTS,
v.
VIOLET CUNNINGHAM, APPELLEE
THE MAJOR GROUP OF WEST COAST FLORIDA, INC. AND TAM-BAY REALTY, INC., APPELLANTS,
VIOLET CUNNINGHAM, APPELLEE
452 So. 2d 1048
Florida District Court of Appeal, Second District (1984)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the evidence in the record in this contract action we cannot agree with appellants’ cogent argument that there was no jury issue as to whether duress was established as a defense. See Cooper v. Cooper, 69 So. 2d 881 (Fla.1954); City of Miami v. Kory, 394 So. 2d 494 (Fla. 3d DCA 1981); Corporacion Peruana de Auropuertos y Aviacion Commercial v. Boy, 180 So. 2d 503 (Fla. 2d DCA 1965). We do not find merit in appellants’ remaining contentions.
AFFIRMED.
RYDER, C.J., and GRIMES and LE-HAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Thomas v. State, 531 So. 2d 708 (Fla. 1988)…committing the trespass or burglary, but need only manifest the specific criminal intent. We recognize that many cases have attempted to apply the distinction drawn in Foster. E.g., State v. Thomas, 362 So. 2d 1348 (Fla.1978); K.W.; James v. State, 452 So. 2d 1048 (Fla. 2d DCA 1984); Hubbell v. State, 446 So. 2d 175 (Fla. 5th DCA), petition for review denied, 453 So. 2d 44 (Fla.1984); Frame v. State, 388 So. 2d 1381 (Fla. 2d DCA), dismissed, 394 So. 2d 1152 (Fla.1980); Preston; Crosby v. State, 352 So. 2d 124…1 / 2
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K.W. v. State, 468 So. 2d 368 (Fla. 2d DCA 1985)…d DCA 1979), cert. denied, 383 So. 2d 1203 (Fla.1980), in such instances it is necessary for the state to present evidence of an item’s actual use in burglary or attempted burglary to establish the requisite criminal intent. See also James v. State, 452 So. 2d 1048 (Fla. 2d DCA 1984); Hubbell v. State, 446 So. 2d 175 (Fla. 5th DCA), petition for review denied, 453 So. 2d 44 (Fla.1984); Frame v. State, 388 So. 2d 1381 (Fla. 2d DCA), appeal dismissed, 394 So. 2d 1152 (Fla.1980); Crosby v. State, 352 So. 2d 1247…
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Waring v. State, 504 So. 2d 786 (Fla. 2d DCA 1987)…e stolen meat. The confession, in itself, is sufficient for revocation of probation purposes. The level of evidence required to support a revocation of probation does not call for evidence sufficient to support a criminal conviction. James v. State, 452 So. 2d 1048 (Fla.2d DCA 1984), State ex rel. Russell v. McGlothin, 427 So. 2d 280 (Fla. 2d DCA 1983). We strike the invalid reasons for revocation of appellant’s probation and affirm the trial court’s order. See Smith v. State, 380 So. 2d 1175 (Fla. 4th DCA 1…
Authorities Cited
- City OF Miami v. Kory, 394 So. 2d 494 (Fla. 3d DCA 1981)
- Cooper v. Cooper, 69 So. 2d 881 (Fla. 1954)
- Corporacion Peruana de Aeropuertos y Aviacion Comercial v. BOY, 180 So. 2d 503 (Fla. 2d DCA 1965)