A.S., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The evidence adduced by the prosecution, which consisted of the fact that cocaine was found hidden inside a roll of toilet, tissue in the glove compartment of his sister’s car, which A.S. was driving; the respondent’s attempt to flee from the police to avoid a traffic stop; and his expressions of interest and concern during the ensuing search of the vehicle, and of “disappointment” after the drugs were discovered, was insufficient to support a finding that he was in constructive possession of the contraband. Johnson v. State, 456 So. 2d 923 (Fla. 3d DCA 1984); Wale v. State, 397 So. 2d 738 (Fla. 4th DCA 1981); Harris v. State, 307 So. 2d 218 (Fla. 3d DCA 1974), cert. denied, 315 So. 2d 195 (Fla.1975); see Lincoln v. State, 459 So. 2d 1030 (Fla.1984). Accordingly, the adjudication of delinquency under review, which was based on that determination, is
Reversed.
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Tenet ST. Mary's Inc. v. Serratore, 869 So. 2d 729 (Fla. 4th DCA 2004)…atore received dialysis treatment does not convert this to an action based upon medical negligence. St. Mary’s argues that the instant case is controlled by the Third District Court of Appeal opinion in Neilinger v. Baptist Hospital of Miami, Inc., 460 So. 2d 564 (Fla. 3d DCA 1984). We disagree. We find the Neilinger case distinguishable. The complaint in Neilinger alleged that the plaintiffs claim arose out of Baptist Hospital’s alleged negligent medical care of the plaintiff, Sandra Neilinger, while she w…
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Quintanilla v. Coral Gables Hosp., Inc., 941 So. 2d 468 (Fla. 3d DCA 2006)…treatment by a hospital or hospital employee, and in order to prevail at trial, the plaintiff would have had to prove that a breach of prevailing professional standards was the cause of the injury in question. In Neilinger v. Baptist Hospital, Inc., 460 So. 2d 564 (Fla. 3d DCA 1984), the plaintiff was injured when she slipped and fell in a pool of amniotic fluid while she was descending from an examination table under the direction and care of hospital employees. The accident occurred while the hospital was p…
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Stackhouse v. Emerson, 611 So. 2d 1365 (Fla. 5th DCA 1993)…d by the statute of limitations applicable to malpractice actions, including a claim based on lack of informed consent.2 Martinez v. Lifemark Hospital of Florida, Inc., 608 So. 2d 855 (Fla. 3d DCA 1992); Neilinger v. Baptist Hospital of Miami, Inc., 460 So. 2d 564 (Fla. 3d DCA 1984); Mount Sinai Hospital of Greater Miami, Inc. v. Wolfson, 327 So. 2d 883 (Fla. 3d DCA 1976). As noted, appellees’ motions to dismiss contain several supporting grounds but the order of dismissal was based solely upon the statute o…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wale v. State, 397 So. 2d 738 (Fla. 4th DCA 1981)
- Westley Johnson v. State, 456 So. 2d 923 (Fla. 3d DCA 1984)
- Harris v. State, 307 So. 2d 218 (Fla. 3d DCA 1974)
- Lincoln v. State, 459 So. 2d 1030 (Fla. 1984)
- Lewis v. River Park Joint Venture, 315 So. 2d 195 (Fla. 1975)
- State v. Harris, 315 So. 2d 195 (Fla. 1975)