AMERICAN INTERNATIONAL VACATIONS, INC., APPELLANT,

v.

INTERVAL INTERNATIONAL, INC., APPELLEE

Citator

Cited By

• Brinson v. State, 483 So. 2d 13 (Fla. 1st DCA 1985)
  …sentence even absent consideration of this improper factor, based on the trial court’s other stated reason for departure, that Robert Brinson was the "mastermind” behind the robbery, which we find to be a proper basis for departure. Gitman v. State, 482 So. 2d 367, 372 (Fla. 4th DCA, 1985).…
• Sewall v. State, 783 So. 2d 1171 (Fla. 5th DCA 2001)
  …. (citing Coester v. State, 573 So. 2d 391 (Fla. 4th DCA 1991)). However, the circumstantial evidence must exclude every reasonable hypothesis but that of guilt. See Szilagyi v. State, 564 So. 2d 644, 646 (Fla. 4th DCA 1990) (citing Gitman v. State, 482 So. 2d 367 (Fla. 4th DCA 1985)). Notwithstanding, a trial court should rarely, if ever, grant a motion for judgment of acquittal based on the State’s failure to prove mental intent. See Brewer v. State, 413 So. 2d 1217, 1220 (Fla. 5th DCA 1982). A directed ver…
• Linford Fletcher v. State, 508 So. 2d 506 (Fla. 4th DCA 1987)
  …al judge’s discretion. See, for example, Casteel and Barbera v. State, 505 So. 2d 413 (Fla.1987). Even our own court, in a fraud case, appeared to uphold planning and premeditation making no mention of our earlier Knowlton decision. Gitman v. State, 482 So. 2d 367 (Fla. 4th DCA 1985). Accordingly, while we do not believe that premeditation and planning constitute grounds for departure we do believe that the matter is of great public importance and we hereby certify the following question to the Supreme Court:…

  ← 1 / 2 →

Authorities Cited

• Nat'l Hockey League v. Metro. Hockey Club, Inc., 427 U.S. 639 (U.S. 1976)
• Mercer v. J.D. Raine, Sr., 443 So. 2d 944 (Fla. 1983)
• Farish v. Lum's, Inc., 267 So. 2d 325 (Fla. 1972)
• A. H. Robins Co., Inc. v. Devereaux, 415 So. 2d 30 (Fla. 3d DCA 1982)