THE STATE OF FLORIDA, APPELLANT,
v.
NESTOR GONZALEZ, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
NESTOR GONZALEZ, APPELLEE
528 So. 2d 1356
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
On the authority of State v. Lopez, 522 So. 2d 997 (Fla. 3d DCA 1988), which is indistinguishable, the order dismissing charges of bribery is reversed. The bribery statute, section 838.015(1), Florida Statutes (1985), prohibits any payment intended to influence performance of any act by a public servant, even if payment is for doing an act the public servant is legally bound to do.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Islander Beach Club Condo. v. Skylark Sports, L.L.C., 975 So. 2d 1208 (Fla. 5th DCA 2008)…ual attorney’s fees is limited by the terms of the provision and should be strictly construed. Therefore, we reject the application of a ‘prevailing party’ analysis to the present case.”) (citations omitted); Dan Galasso Waste Serv., Inc. v. Hemery, 528 So. 2d 1356, 1358 (Fla. 3d DCA 1988) (holding it was error for trial court to construe provision, “In the event of a breach of this agreement by either party, the breaching party shall pay all reasonable attorney’s fees ...,” to mean that the prevailing party i…
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S. K. Condo. I I Ass'n, Inc. v. Ns/cse Siesta KEY (Fla. 2d DCA 2020)…rely by filing this underlying lawsuit. This position is untenable, for "every unsuccessful action for breach of contract would itself become a breach of contract, a result totally unrecognized by our law." Dan Galasso Waste Serv., Inc. v. Hemery, 528 So. 2d 1356, 1357 (Fla. 3d DCA 1988). Indeed, "[s]imply by incorrectly perceiving its legal rights under the contract and bringing an action to enforce these rights as it perceived them, the plaintiff was not, as urged, in 'breach of this agreement.' " Id. T…
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Pesantes v. Kelley, 406 So. 3d 340 (Fla. 3d DCA 2025)
Authorities Cited
- State v. Lopez, 522 So. 2d 997 (Fla. 3d DCA 1988)