MICHAEL D. MADDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL D. MADDEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
512 So. 2d 206
Florida District Court of Appeal, Fifth District (1987)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
UPCHURCH, C.J., and SHARP, J., concur.
DAUKSCH, J., dissents with opinion.
Dissent
DAUKSCH, Judge,
dissenting with opinion.
I respectfully dissent.
In my opinion the evidence is insufficient to show either the existence of an illegal drug or the possession by appellant. I would reverse the conviction.
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Trump Enters., Inc. v. Publix Supermarkets, Inc., 682 So. 2d 168 (Fla. 4th DCA 1996)…nation, either by jury verdict or by a stipulated final judgment, as in this case, the parties next proceed to an apportionment hearing at which time the court determines their respective rights in the amount awarded. Dama v. [*170] Record Bar Inc., 512 So. 2d 206 (Fla. 1st DCA 1987). “In apportioning condemnation proceeds the court should divide the sum equitably between the parties to reflect the respective values of the encumbered fee and the leasehold interest.” Id. at 208; see generally Parks Bldg., Inc.…
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A.L. West v. Sunbelt Enters., 530 So. 2d 433 (Fla. 1st DCA 1988)…cross-appeal. The instant parties were before this Court in an earlier appeal wherein appel-lees, as appellants, successfully asserted a claim for prejudgment interest for appellants’ excess withdrawal of settlement funds. Dama v. Record Bar, Inc., 512 So. 2d 206 (Fla. 1st DCA 1987) {Dama I). However, given the complex circumstances of the instant litigation, we shall recount the history of this case as succinctly stated in appellees’ answer brief. As indicated therein, the instant action grew out of a conde…
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Nat'l Advertising Co. v. State, 611 So. 2d 566 (Fla. 1st DCA 1992)…artment, 189 So. 2d 793, 796 (Fla.1966) (emphasis added). After a verdict has been rendered, the parties next proceed to an apportionment hearing at which the court determines their respective rights in, the amount awarded. Dama v. Record Bar, Inc., 512 So. 2d 206, 208 (Fla. 1st DCA1987). Instead, in the instant case, DOT sought to settle with the fee owner, excluding National and failing to take into consideration National’s leasehold interest. It has long been established that a “lessee” is an owner protec…
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