STATE OF FLORIDA, APPELLANT,
v.
NANCY STELLE DENE, APPELLEE
STATE OF FLORIDA, APPELLANT,
NANCY STELLE DENE, APPELLEE
512 So. 2d 1156
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 6 cases
Opinion of the Court
DANAHY, Chief Judge.
Since the facts of this case precisely match those set out in State v. Oliver, 490 So. 2d 1372 (Fla. 2d DCA 1986), the judgment must be affirmed. Also, because of the factual similarity to Oliver, we accede to the state’s request to again certify the question in Oliver to the Supreme Court. We certify the following question:
IS A CONVICTION UNDER SECTION 782.04(3), FLORIDA STATUTES, THE SECOND-DEGREE FELONY MURDER SECTION, LIMITED TO ONLY THOSE SITUATIONS WHERE THE PERSON WHO ACTUALLY KILLS THE INNOCENT VICTIM IS NOT ONE OF THE PRINCIPALS IN THE COMMISSION OF THE FELONY, SUCH AS A BYSTANDER OR LAW ENFORCEMENT OFFICER, BUT RATHER SOMEONE ELSE?
Affirmed.
LEHAN and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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AETNA Cas. & Sur. Co. v. Buck, 594 So. 2d 280 (Fla. 1992)…tional bond or increase the existing bond, or to otherwise provide increased security, the statute does not permit the trial court to increase the liability of the surety beyond the amount of the bond. Ohio Casualty Ins. Co. v. Oakhurst Homes, Inc., 512 So. 2d 1156, 1157 (Fla. 2d DCA 1987). Hence, any part of a lien-transfer bond not included in the foreclosure judgment can be awarded for costs. However, the lienor is left with an unsecured judgment against the owner for any costs which exceed the remaining fa…
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State v. Dene, 533 So. 2d 265 (Fla. 1988)…SHAW, Justice. We review State v. Dene, 512 So. 2d 1156 (Fla. 2d DCA 1987), to answer a certified question of great public importance.1 We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Respondent Dene was a companion and housekeeper for an elderly, invalid woman. Dene concocted a plan in which her d…
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Pappalardo Constr. Co. & the Aetna Cas. & Sur. Co. v. Buck, 568 So. 2d 507 (Fla. 4th DCA 1990)…we acknowledge conflict with the third district’s decision in Fidelity & Deposit Co. Finally, appellants argue that any recovery against the surety is limited to the face amount of the bond posted, citing Ohio Cas. Ins. Co. v. Oakhurst Homes, Inc., 512 So. 2d 1156 (Fla. 2d DCA 1987). While true that a trial court cannot increase the liability of a security company beyond the amount of the bond, the trial court can order the party providing the bond to increase the amount. Id. at 1157. Appellee asserts that be…
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- State v. Oliver, 490 So. 2d 1372 (Fla. 2d DCA 1986)