JUAN D. HERNANDEZ AND OFELIA HERNANDEZ, APPELLANTS,
v.
METROPOLITAN DADE COUNTY AND PURITAN INSURANCE COMPANY, APPELLEES

Fla. 3d DCA | 1986-02-11
No. 85-297
Before BARKDULL, HENDRY and DANIEL S. PEARSON, JJ.
483 So. 2d 89 Florida District Court of Appeal, Third District (1986) Negative Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Levine v. Dade County School Board, 442 So. 2d 210 (Fla.1983); Valero v. Dade County School Board, 480 So. 2d 119 (Fla.3d DCA 1985); § 768.28(6), Fla.Stat. (1981).


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    …tandard jury instruction be given if it adequately explains the law, see, e.g:, McGuire v. State, 639 So. 2d 1043, 1047 (Fla. 5th DCA 1994), and giving a non-standard instruction that misleads the jury is reversible error. See, e.g., Doyle v. State, 483 So. 2d 89, 90 (Fla. 4th DCA 1986). In analyzing the modified instructions given in this cáse, we determine that the trial court did not abuse its discretion in giving those instructions. As the State points out, Carpenter does not challenge on appeal the fac…
  • Elress Williams v. State, 774 So. 2d 841 (Fla. 4th DCA 2000)
    …ot guilty as to one crime must not affect the verdict as to the other crime, instead of explaining that the jury’s verdict as to one defendant must not affect its verdict as to the other defendant. Accordingly, we reverse. See Doyle v. [*844] State, 483 So. 2d 89, 90 (Fla. 4th DCA 1986). We revei'se based upon the improper jury instructions, but find no reversible error as to the other issues raised by Williams. REVERSED. GUNTHER and STEVENSON, JJ„ concur. . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 160…
  • Gill v. State, 586 So. 2d 471 (Fla. 4th DCA 1991)
    …tatement indicating that union was an alternative to penetration, is fundamental error. Such error misleads the jury as to a required specific element, which may have been the most significant disputed aspect of the state’s case. Cf. Doyle v. State, 483 So. 2d 89 (Fla. 4th DCA 1986), appeal after remand, 513 So. 2d 188 (Fla. 4th DCA 1987), rev. denied, 520 So. 2d 583 (Fla.1988); Christian v. State, 272 [*473] So. 2d 852 (Fla. 4th DCA), cert. denied, 275 So. 2d 544 (Fla.1973); Cole v. State, 573 So. 2d 175 (F…

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