ROBERT E. BONDURANT, ETC., PETITIONER,
v.
NICKOLAS P. GEEKER, JUDGE, ETC., RESPONDENT
ROBERT E. BONDURANT, ETC., PETITIONER,
NICKOLAS P. GEEKER, JUDGE, ETC., RESPONDENT
515 So. 2d 214
Florida Supreme Court (1987)
Negative Treatment
Cited by 37 cases
Opinion of the Court
PER CURIAM.
We accepted jurisdiction to review Bon-durant v. Geeker, 499 So. 2d 909 (Fla. 1st DCA 1986), based on apparent conflict with Public Health Trust v. Knuck, 495 So. 2d 834 (Fla.3d DCA 1986), and Brogan v. Mullins, 452 So. 2d 940 (Fla. 5th DCA 1984). Upon closer examination, we find no express and direct conflict of decisions as is required by article V, section 3(b)(3) of the Florida Constitution. Accordingly, we dismiss the petition for review as improvidently granted.
It is so ordered.
McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARRETT, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (37 total)
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Wemett v. State, 567 So. 2d 882 (Fla. 1990)…ile she was sleeping and therefore more vulnerable,” holding that vulnerability of the victim “alone is not a clear and convincing reason to depart.” 492 So. 2d at 1309. We resolved analogous situations in similar fash [*887] ion in Mathis v. State, 515 So. 2d 214 (Fla.1987), and Lerma v. State, 497 So. 2d 736 (Fla.1986), receded from on other grounds, State v. Rousseau, 509 So. 2d 281, 284 (Fla.1987). In Mathis, we rejected a departure predicated on the fact that the victims of an armed robbery were female a…
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Solimando v. Int'l Med. Ctrs., 544 So. 2d 1031 (Fla. 2d DCA 1989)…nted a writ of prohibition due to the running of the applicable statute of limitations. Further, in MacDonald, this court noted that our decision was contrary to the holding in Bondurant v. Geeker, 499 So. 2d 909 (Fla. 1st DCA 1986), rev. dismissed, 515 So. 2d 214 (Fla.1987), which held that prohibition was not available to redress a civil statute of limitations dispute. Moreover, in MacDonald we said that the notice requirements of section 768.57 are “a condition precedent to invoking the circuit court’s jur…
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Burgess v. State, 524 So. 2d 1132 (Fla. 1st DCA 1988)…ons, standing alone, would justify an upward departure. Under the law as decided by the Florida Supreme Court, we must hold invalid the trial court’s first reason, that the crimes constituted a “crime binge” for departure purposes. Mathis v. State, 515 So. 2d 214 (Fla.1987); State v. Rousseau, 509 So. 2d 281 (Fla.1987). The second reason, the vulnerability of the victims, is not a valid reason for departure under the facts of this case. The second reason stated by the court was: [T]he victims in this case…
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- Pub. Health Tr. OF Dade Cnty. v. The Honorable Francis X. Knuck, 495 So. 2d 834 (Fla. 3d DCA 1986)
- Brogan v. Mullins, 452 So. 2d 940 (Fla. 5th DCA 1984)
- Robert E. Bondurant, M.D. v. The Honorable Nicholas P. Geeker, 499 So. 2d 909 (Fla. 1st DCA 1986)