AETNA CASUALTY & SURETY COMPANY, APPELLANT,
v.
EDWARD LANGEL AND JOAN LANGEL, APPELLEES
PER CURIAM.
The only point raised herein which we find to have merit is appellant’s second point. Regardless of the available insurance coverage, an accident victim is not entitled to be compensated twice for his damage award. See Government Employees Insurance Company v. Brewton, 538 So. 2d 1375 (Fla. 4th DCA 1989). Accordingly, we affirm in all other respects but remand, pursuant to Hamm v. City of Milton, 358 So. 2d 121 (Fla. 1st DCA 1978), for an evidentiary hearing on the amount of collateral source benefits previously paid to appellees and for entry of an amended final judgment which reflects the set-off as determined by said hearing.
LETTS and GLICKSTEIN, JJ., and SNYDER, ARTHUR I., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Johnson v. State, 660 So. 2d 637 (Fla. 1995)…So. 2d 798 (Fla. 2d DCA 1964). Rather, there must be a sufficient showing of physical or psychological coercion, intentional deception, or a violation of a constitutional right. State v. Sawyer, 561 So. 2d 278 (Fla. 2d DCA 1990); Martinez v. State, 545 So. 2d 466 (Fla. 4th DCA 1989). Absent such egregious police misconduct, the confession may be admitted; but if it is, defendants are entitled to argue to the finder of fact why the confession should be deemed untrustworthy, if they wish to do so. Johnson, 16…
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Nelson v. State, 688 So. 2d 971 (Fla. 4th DCA 1997)…92 So. 2d 950 (Fla. 4th DCA 1980), modified on other grounds, 410 So. 2d 1343 (Fla.1982); Hawkins. Appellant asserts that the mention of the death penalty was unduly coercive, citing Brewer v. State, 386 So. 2d 232 (Fla.1980) and Martinez v. State, 545 So. 2d 466 (Fla. 4th DCA 1989). However, the statements made in Brewer and Martinez were significantly more threatening than the statement made in the instant case when weighing the evidence most favorably for the state. Here, the interrogators’ objectionable…
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Wyche v. State, 987 So. 2d 23 (Fla. 2008)…ere the defendant makes a showing of “physical or psychological coercion, intentional deception, or a violation of a constitutional right.” Id. at 642 (emphasis supplied) (citing State v. Sawyer, 561 So. 2d 278 (Fla. 2d DCA 1990); Martinez v. State, 545 So. 2d 466 (Fla. 4th DCA 1989)); accord Commonwealth v. Slaton, 530 Pa. 207, 608 A. 2d 5, 9 (1992) (“Consent must be freely and intelligently given, however, and is not voluntary if it is obtained through deception as deception amounts to implied coercion, whi…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gov't Emps. Ins. Co. v. Brewton, 538 So. 2d 1375 (Fla. 4th DCA 1989)
- Cotton States Mut. INS. Co. v. Trevethan, 358 So. 2d 121 (Fla. 1st DCA 1978)