AARON J. EDMOND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1988-03-02
No. 86-2516
CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
521 So. 2d 271 Florida District Court of Appeal, Second District (1988) Positive Treatment
Cited by 6 cases

Opinion of the Court
PARKER, Judge.

PARKER, Judge.

This case is controlled by the opinion filed on this date in Edmond v. State, 521 So. 2d 269 (Fla. 2d DCA 1988). In the present case, Edmond was convicted of burglary and sexual battery, stemming from the events introduced as collateral crime evidence in case no. 86-2515. The sole issue dispositive of this appeal concerns the admissibility of evidence of a similar crime; the similar crime evidence introduced here was also the primary evidence leading to Edmond’s conviction in case no. 86-2515.

In accordance with our decision in case no. 86-2515, we reverse the judgment and sentences and remand for a new trial to be conducted without the admission of the collateral crime evidence.

CAMPBELL, A.C.J., and SCHOONOVER, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …re is a “[w]aiver of the right does not necessarily depend on the timing of the motion to compel arbitration, but rather on the prior taking of an inconsistent position by the party moving therefor.” Paine, Webber, Jackson & Curtis, Inc. v. Fredray, 521 So. 2d 271 (Fla. 5th DCA 1988)(citing Ojus Indus. v. Mann, 221 So. 2d 780 (Fla. 3d DCA 1969) and King v. Thompson & McKinnon, Auchincloss Kohlmeyer, Inc., 352 So. 2d 1235 (Fla. 4th DCA 1977)). “[Wjaiver may occur as the result of active participation in a laws…
  • Watkins v. Colonial Life & Accident Ins. Co., 719 So. 2d 934 (Fla. 5th DCA 1998)
    …Life is entitled to proceed to arbitration on the remaining issue of damages because Colonial Life waived its right to seek arbitration by filing an action for damages in the circuit court. See Paine, Webber, Jackson & Curtis, Inc. v. Fredray, Inc., 521 So. 2d 271 (Fla. 5th DCA 1988). REVERSED and REMANDED. COBB and THOMPSON, JJ., concur. . Jurisdiction is proper pursuant to rules 9.130(a)(3)(B), (a)(3)(C)(v) of the Florida Rules of Appellate Procedure.…
  • Audio Visual Innovations, Inc. v. Spiessbach, 119 So. 3d 522 (Fla. 2d DCA 2013)
    …nsistent position by the party moving therefor.’” Miller & Solomon Gen. Contractors, Inc. v. Brennan’s Glass Co., Inc., 824 So. 2d 288, 290 (Fla. 4th DCA 2002) (alteration in original) (quoting Paine, Webber, Jackson & Curtis, Inc. v. Fredray, Inc., 521 So. 2d 271 (Fla. 5th DCA 1988)). The filing of a motion for extension of time that delays a demand for arbitration is not the sort of active participation in a lawsuit that constitutes a waiver because it “is not a substantive attack on the merits.” Id. at 291…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw