ARMANDO GREGORIO HERNANDEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Downs v. Stockman, 555 So. 2d 867 (Fla. 4th DCA 1989)
  …en presented to the jury which tried the case. The supreme court in reversing held that proof of entitlement to fees, whether by statute or contract, may be presented for the first time after judgment. In Allied Fidelity Insurance Company v. Scott, 516 So. 2d 315 (Fla. 2d DCA 1987), the Second District Court of Appeal relied upon Cheek to reverse the trial court deci [*869] sion denying prevailing party attorney’s fees, which had been pled but not proven at trial, and held .costs and fees were recoverable ba…
• Head v. Laurene Sorensen, 220 So. 3d 569 (Fla. 2d DCA 2017)
  …occurrence of a condition precedent, upon which his liability is contingent, he cannot avail himself of its nonperformance” (citing Ballas v. Lake Weir Light & Water Co., 100 Fla. 913, 130 So. 421 (1930)); see also Allied Fidelity Ins. Co. v. Scott, 516 So. 2d 315, 317 (Fla. 2d DCA 1987) (holding that the party cannot act so as to prevent another’s performance and then rely on that nonperformance to avoid contractual obligations); N. Am. Van Lines v. Collyer, 616 So. 2d 177, 179 (Fla. 5th DCA 1993) (“[A] part…

Authorities Cited

• E. Y. v. State, 390 So. 2d 776 (Fla. 3d DCA 1980)
• State v. DeCarr D. Covington and Arthur Rodriguez, 392 So. 2d 1321 (Fla. 1981)
• Bridges v. State, 392 So. 2d 337 (Fla. 3d DCA 1981)
• Knight v. State, 392 So. 2d 337 (Fla. 3d DCA 1981)
• Henri Uprevert v. State, 507 So. 2d 162 (Fla. 3d DCA 1987)
• State v. Sanchez, 465 So. 2d 1299 (Fla. 3d DCA 1985)