JAMES CLARIN GREGORY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES CLARIN GREGORY, APPELLANT,
STATE OF FLORIDA, APPELLEE
458 So. 2d 792
Florida District Court of Appeal, Fifth District (1984)
Negative Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
AFFIRMED on the authority of Hendrix v. State, 455 So. 2d 449 (Fla. 5th DCA 1984).
DAUKSCH, ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.
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Rodriguez v. State, 609 So. 2d 493 (Fla. 1992)…da Statutes (1989).6 Mr. Montalvo cannot be considered “unavailable” under section 90.-804(1)(e) because the defense failed to establish that a diligent attempt to secure the witness’ attendance had been made. See Spicer v. Metropolitan Dade County, 458 So. 2d 792, 795 (Fla. 3d DCA 1984) (proponent of former testimony must establish that it took reasonable steps to procure the witness); McClain v. State, 411 So. 2d 316, 317 (Fla. 3d DCA 1982) (proponent of former testimony must establish what steps it took to…
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Sheriff OF Monroe Cnty. v. Unemployment Appeals Comm'n & Alfonso J. Madoz, 490 So. 2d 961 (Fla. 3d DCA 1986)…ce, but it shall not be sufficient in itself to support a finding of fact unless it would be admissible over objection in civil actions.” § 120.58(1)(a), Fla.Stat. (Supp.1984); Fla. Admin.Code Rule 38E-5.24(4)(d); Spicer v. Metropolitan Dade County, 458 So. 2d 792 [*964] (Fla. 3d DCA 1984); Campbell v. Central Florida Zoological Society, 432 So. 2d 684 (Fla. 5th DCA 1983); Byer v. Florida Real Estate Commission, 380 So. 2d 511 (Fla. 3d DCA 1980). Thus, the burden of disproving the employer’s allegations never…
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Gregory v. State, 475 So. 2d 1221 (Fla. 1985)…PER CURIAM. We have for review Gregory v. State, 458 So. 2d 792 (Fla. 5th DCA 1984), which conflicts with decisions of other district courts of appeal and of this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The Fifth District Court of Appeal affirmed the decision of the trial court on the author…
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- Hendrix v. State, 455 So. 2d 449 (Fla. 5th DCA 1984)